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Article 1 - Definitions
In these terms and conditions, the following definitions apply:
(1) Koreosity VOF: the natural or legal person that provides products and/or services at a distance;
(2) Consumer: the natural person who is not acting in the excercise of his profession or business and enters into agreement with the entrpreneur at a distance;
(3) Distance Contract: an agreement whereby, within the framework of a sales system organized by the entrepreneur,distance of products and / or services, up to and including the conclusion of the agreement only uses one or more techniques for remote communication;
(4) Technic for communications on distance: means that can be used for the conclusion of a contract, without the consumer and entrepreneur have met simultaneously in the same room;
(5) Cooling-off period: the term within which the consumer uses can exercise his right to withdrawal;
(6) Right to withrdaw: the ability for consumers to cancel the distance contract within the cooling off period;
(7) Day: calender day;
(8) Duration Transaction: a distance contract concerning a range of products and/ or services, the supply and/ or purchase is spread over time;
(9) Durable medium: any means that enables the consumer or the entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Article 2 - Identity of the business
PO Box 70
Chamber of Commerce: 73 30 23 92
VAT number: NL859448873B01
Article 3 - Applicability
(1) These general terms and conditions apply to every offer of the entrepreneur and any distance contract concluded between entrepreneur and consumer.
(2) Before the distance contract is concluded, the text of these general terms and conditions are made available to the consumer. If this is not reasonably possible, before the distance contract becomes closed, indicate that the general terms and conditions are with the entrepreneur to view and will be sent at the consumer's request as soon as possible free of charge.
(3) 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 can be made available to the consumer electronically in such a way that they can be can be easily stored 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 inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
(4) In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
(1) If an offer has a limited validity or is under conditions, this will be explicitly stated in the offer.
(2) The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
(3) Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be concluded and which actions are required for this; whether or not the right of withdrawal applies;
- the method of payment, delivery or execution of the agreement;
- the term for accepting the offer, or the term for adhering to the price;
- the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- if the agreement is filed after the conclusion, how it can be consulted by the consumer;
- the way in which the consumer can obtain information about actions that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
- any languages in which, in addition to Dutch and English, the agreement can be concluded;
- the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distance contract in the case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 - The contract
(1) Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
(2) If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
(3) 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.
(4) The entrepreneur can - 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 reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
(5) The entrepreneur will send the consumer the following information 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 medium:
a. the visiting address of the business location of the entrepreneur where the consumer can turn to with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about existing after-sales service and guarantees;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
(6) If the entrepreneur has committed itself to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
(1) When purchasing products, the consumer has the option to terminate the contract without giving any reason within fourteen working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
(2) During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of withdrawal upon delivery of services
(1) When providing services, the consumer has the option to dissolve the agreement without stating reasons during thirty working days, starting on the day of entering into the agreement.
(2) In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
Article 6c - Model form for use of the right of withdrawal
(1) You can request a withdrawl via firstname.lastname@example.org
Article 7 - Costs in case of withdrawal
(1) If the consumer makes use of his right of withdrawal, the charged costs will not exceed the costs of return.
(2) If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawl.
Article 8 - Exclusion of right of withdrawal
(1) If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
(2) Exclusion of the right of withdrawal is only possible for products:
a. that have been established by the entrepreneur in accordance with specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is dependent on fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for products of which the consumer has broken the seal.
(3) Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. of which the delivery is with the express consent of the consumer started before the reflection period has expired;
c. concerning betting and lotteries.
Article 9 - The price
(1) 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.
(2) 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, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
(3) Price increases within 3 months after the creation of the agreement are only permitted if they are the result of statutory regulations or provisions.
(4) Price increases from 3 months after the conclusion of the agreement are only permitted 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 cancel the agreement on the day on which the price increase takes effect.
(5) The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and warranty
(1) The entrepreneur guarantees that the products and / or services comply with the agreement, that are offered in the offer, with the acceptable requirements of soundness and / or usability and complies the existing legal provisions and / or government regulations on the date of the conclusion of the agreement.
(2) An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert towards the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance contract.
Article 11 - Delivery and execution
(1) The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
(2) The place of delivery is the address that the consumer makes known to the company.
(3) With due regard of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. 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 one month after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
(4) In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
(5) If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
(6) The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 - Duration of transactions
(1) The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
(2) An agreement that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract will be a maximum of one month.
Article 13 - Payment
(1) Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of a contract for the provision of a service, within 14 days after the date of issue of the contract concerning this agreement.
(2) When selling products to consumers it is never allowed in the general conditions to stipulate an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made.
(3) The consumer has the duty to report inaccuracies in payment details provided to the entrepreneur without delay.
(4) In case of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
(1) The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure. You can submit your complaint via email@example.com
(2) Complaints about the performance of the contract must be submitted to the entrepreneur promptly, fully and clearly described, after the consumer has discovered the defects.
3) Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirming receipt and indicating when the consumer can expect a more detailed answer.
Should you not be able to reach an agreement with us, you can also submit the complaint to the European Institute for Online Shopping Disputes. You can find this here: http://ec.europa.eu/consumers/odr/
Article 15 - Additional or derogations
Additional provisions or provisions deviating 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.