Terms & conditions

General Terms and Conditions of Kaas & Borrelz

General Terms and Conditions based on the model terms and conditions of WebwinkelKeur.

Table of Contents

Article 1 – Definitions

Article 2 – Identity of the business owner

Article 3 – Scope

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Costs in Case of Withdrawal

Article 8 – Exclusion of the Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Performance

Article 12 – Duration of Transactions: Term, Termination, and Renewal

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following terms have the following meanings:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal; read all about the cooling-off period.
2. Consumer: the natural person, not acting in the exercise of a profession or business, who concludes a distance contract with the business owner;
3. Day: calendar day;
4. Continuous transaction: a distance contract for a series of products and/or services, the delivery and/or purchase obligation of which extends over a certain period of time;
5. Durable medium: any means that enables the consumer or business owner to store information addressed personally to them in a way that allows them to retrieve it later and reproduce it unchanged.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;
7. Model form: the model withdrawal form provided by the business owner, which the consumer can complete if they wish to exercise their right of withdrawal.
8. Trade owner: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract in which, within the framework of a system organized by the business owner for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
10. Means of distance communication: means that can be used to conclude a contract without the consumer and the business owner being present in the same place at the same time.
11. General Terms and Conditions: These General Terms and Conditions

Article 2 – Identity of the business owner

Kaas & Borrelz
Eindseweg 17
3959AT Overberg
Netherlands

T +31 6 33030554

E [email protected]

KVK 90007360

VAT number NL002286923B02

Article 3 – Scope

1. These General Terms and Conditions apply to every offer made by the business owner, as well as to all distance contracts and orders between the business owner and...
2. Before the conclusion of the distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonable, the business owner will indicate before the conclusion of the distance contract that the general terms and conditions are available for inspection at the business owner's premises and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph, be made available to the consumer electronically before the conclusion of the distance contract in such a way that the consumer can easily save it on a durable medium. If this is not reasonable, the business owner will indicate before the conclusion of the distance contract where the general terms and conditions are available for inspection electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.
4. If specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly. In the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.
5. Should one or more provisions of these General Terms and Conditions be or be declared invalid at any time, in whole or in part, the contract and these General Terms and Conditions shall otherwise remain in force and effect, and the provision in question shall be immediately and mutually replaced by a provision that comes as close as possible to the original meaning.
6. Facts not regulated by these General Terms and Conditions shall be assessed in accordance with these General Terms and Conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted in accordance with these General Terms and Conditions.

Article 4 – The Offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is. The business owner is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products offered and/or is sufficiently detailed to enable the consumer to properly assess the offer. If the business owner uses images, these represent a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the business owner.
4. All images, specifications, and data in the offer are indicative and do not entitle the consumer to compensation or termination of the contract.
5. mages of the products represent a true representation of the offer. The business owner cannot guarantee that the colors shown exactly match the actual colors of the products.

- Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner of concluding the contract and the measures required for this purpose;
- whether there is a right of withdrawal;
- the method of payment, delivery, and contract execution;
- the period for accepting the offer or the period within which the business owner guarantees the price;
- the amount of the distance communication fee if the costs for using the distance communication technique are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the contract will be archived after conclusion of the contract and how it can be inspected by the consumer, if applicable;
- the manner in which the consumer can check and, if applicable, restore the data provided by him in the contract before conclusion of the contract;
- all languages ​​in which the contract can be concluded besides Dutch;
- the code of conduct to which the business owner has submitted himself and the manner in which the consumer can consult this code of conduct electronically; and
- the minimum duration of the distance contract for long-term transactions.

Article 5 – The Treaty

1. Subject to the provisions of paragraph 4, the contract is concluded upon the consumer's acceptance of the offer and compliance with the terms and conditions set forth therein.
2. If the consumer has accepted the offer electronically, the business owner will immediately confirm receipt of the acceptance. As long as the business owner has not confirmed this acceptance, the consumer may withdraw from the contract.
3. If the contract is concluded electronically, the business owner will take appropriate technical and organizational measures to secure electronic data transmission and ensure secure payment processing. If the consumer can pay electronically, the business owner will take appropriate security measures.
4. The business owner may – within the framework of the statutory provisions – obtain information about whether the consumer can meet his payment obligations, as well as about all facts and factors that are important for a responsible conclusion of the contract. If, based on this examination, the business owner has valid reasons not to conclude the contract, he is entitled to refuse an order or request, stating the reasons, or to make the execution subject to special conditions.
5. The business owner shall provide the consumer with the following information, in writing or in such a way that the consumer can store it on a durable medium, along with the product or service:

- the address of the business owner's establishment to which the consumer can address complaints;
- the conditions and manner under which the consumer may exercise his or her right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;

the information contained in Article 4, paragraph 3 of these terms and conditions, unless the business owner has already provided this information to the consumer before the conclusion of the contract;

6. the conditions for terminating the contract if it has a duration of more than one year or is for an indefinite period.
7. In the case of long-term contracts, the provision of the previous paragraph applies only to the first contract is subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. This withdrawal period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the business owner.
2. During the withdrawal period, the consumer will handle the product with care and only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product to the business owner with all supplied accessories and, where possible, in its original condition and packaging, in accordance with the business owner's reasonable and clear instructions.
3. If the consumer exercises their right of withdrawal, they are obliged to notify the business owner of this within 14 days of receiving the product. The consumer must notify the business owner of this using the model withdrawal form or by other means of communication, for example by email. After the consumer has notified the business owner of their wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide evidence that the delivered goods were returned in a timely manner, for example by providing proof of shipment.
4. If the customer has not declared their wish to exercise their right of withdrawal after the expiry of the periods specified in paragraphs 2 and 3, or if they have not returned the product to the business owner, the purchase is deemed to have been concluded.

For the provision of services:

1. For the provision of services, the consumer has the option of withdrawing from the contract within 14 days from the day the contract was concluded without giving any reason.
2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear information provided by the business owner in the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

1. The consumer shall bear the direct costs of returning the goods.
2. If the consumer has already paid an amount, the business owner will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the goods have already been received by the online retailer or conclusive proof of complete return can be provided. The refund will be made using the same means of payment used by the consumer, unless the consumer has expressly agreed to a different payment method.
3. In the event of damage to the goods resulting from improper handling by the consumer, the consumer is liable for any reduction in value of the goods.
4. The consumer cannot be held liable for any reduction in value of the goods if the business owner has not provided all legally required information about the right of withdrawal. This must be done before the conclusion of the purchase contract.

Article 8 - Exclusion of the Right of Withdrawal

1. The business owner may exclude the consumer's right of withdrawal for the products described in paragraph 2. The exclusion of the right of withdrawal only applies if the business owner has clearly stated this in the offer or in good time before the conclusion of the contract.
2. The exclusion of the right of withdrawal is only possible for products:

- that were created by the business owner according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that are liable to deterioration or ageing quickly;
- whose price is subject to fluctuations in the financial market over which the business owner has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been removed by the consumer;
- for hygiene products whose seal has been removed by the consumer.

3. The exclusion of the right of withdrawal is only possible for services:

- related to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
- whose delivery began with the express consent of the consumer before the expiry of the withdrawal period;
- in connection with betting and lotteries.

Article 9 - The Price

1. 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.
2. Notwithstanding the previous paragraph, the business owner may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the business owner has no influence. This volatility and the fact that the stated prices are guide prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they are based on statutory provisions or
4. Price increases from 3 months after the conclusion of the contract are only permitted if the business owner has agreed to this and:

they are based on statutory provisions or the consumer has the right to terminate the contract with effect from the day the price increase takes effect.

5. The prices stated in the offer for products or services are inclusive prices.
6. All prices are subject to printing errors. No liability is accepted for printing and typographical errors. In case of printing and typing errors, the business owner is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and Warranty

1. The business owner guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of fitness for purpose and/or usability, and the legal provisions and/or government regulations applicable at the time the contract is concluded. If agreed, the business owner also guarantees that the product is suitable for use other than normal use.
2. A guarantee provided by the business owner, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the business owner under the contract.
3. Defects or incorrectly delivered products must be reported to the business owner in writing within two months of discovery of the defect.
4. The business owner's warranty period corresponds to the manufacturer's warranty period. However, the business owner is not liable for the ultimate suitability of the products for the consumer's specific intended use or for advice regarding the use or application of the products.
5. The guarantee does not apply if:

- the consumer has repaired and/or modified the delivered products himself and/or had them repaired and/or modified by third parties;
- The delivered products have been subjected to unusual conditions or otherwise handled improperly or contrary to the business owner's instructions and/or packaging.
- The defectiveness is wholly or partly due to government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The business owner will exercise the greatest possible care when accepting and executing product orders and when examining service requests.
2. The place of delivery is the address communicated by the consumer to the business owner.
3. Taking into account the provisions of paragraph 4 of this article, the business owner will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to any contractual compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from these deadlines. Exceeding a deadline does not entitle the consumer to contractual compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the business owner will reimburse the consumer for the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
6. If delivery of an ordered product is not possible, the business owner will make every effort to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement product will be delivered. The right of withdrawal for replacement products cannot be excluded. The costs of return shipment are borne by the business owner.
7. The risk of damage and/or loss of products rests with the business owner until the moment of delivery to the consumer or a representative previously designated by the business owner, unless expressly agreed otherwise.

Article 12 - Continuous Transactions: Duration, Termination, and Renewal

Termination

1. The consumer may terminate a contract of indefinite duration relating to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a contract of fixed-term duration relating to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the preceding paragraphs:
   • at any time and without limitation to a specific time or period;
   • at least in the same way as they were concluded;
   • always subject to the same notice period as the business owner has set for himself.

Renewal

1. A contract of fixed-term duration relating to the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a specific period.
2. Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily newspapers, weeklies, and magazines may be tacitly renewed for up to three months, provided that the consumer may terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.
3. A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period, provided that the consumer may terminate the contract at any time with a notice period of no more than one month. Contracts for the regular, but less than monthly, delivery of daily newspapers, weeklies, and magazines may be terminated with a notice period of no more than three months.
4. A fixed-term contract for the regular delivery of daily newspapers, weeklies, and magazines for introductory use (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.

Term

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and equity preclude termination before the end of the agreed term.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period pursuant to Article 6(1). In the case of a service contract, this period begins after the consumer has received confirmation of the contract.
2. The consumer is obliged to immediately notify the business owner of any inaccuracies in the payment details provided or stated.
3. In the event of non-payment by the consumer, the business owner is entitled, subject to statutory restrictions, to charge reasonable costs notified to the consumer in advance.

Article 14 - Complaints procedure

1. The business owner has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the contract must be submitted to the business owner in a complete and clearly described manner within two months of the consumer becoming aware of the defects.
3. Complaints submitted to the business owner will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the business owner will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved amicably, a dispute arises, which is subject to the dispute resolution procedure.
5. In the event of a complaint, the consumer must first contact the business owner. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved amicably, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl), which mediates free of charge. Check at https://www.webwinkelkeur.nl/ledenlijst/ whether this webshop has a current membership. If a solution cannot be found, the consumer has the option of having their complaint handled by WebwinkelKeur's independent dispute resolution committee. Its decision is binding, and both the business owner and the consumer agree to this decision. Filing a complaint with this dispute resolution committee entails costs, which the consumer must pay to the competent committee.
6. A complaint does not suspend the business owner's obligations unless the business owner states otherwise in writing.
7. If the business owner considers a complaint to be justified, he will replace or repair the delivered products free of charge at his own discretion.

Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions of 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 on a durable medium.

Article 17 - Legitimacy of reviews

We believe it is important that reviews give the best possible picture of our products and service. Our reviews are therefore managed impartially by WebwinkelKeur.

Webwinkelkeur has taken measures to guarantee the authenticity of reviews. You can read what these measures are here.

Our customers are not rewarded for writing reviews. No discounts or other gifts are given.