1 – Definitions
The following definitions apply in these terms and conditions:
- Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the reflection period;
- Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
- Distance agreement: an agreement whereby, in the context of a system for distance selling of products and / or services organized by the entrepreneur, until the conclusion of the agreement use is made exclusively of one or more techniques for communication on distance;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
2 - Identity of the entrepreneur
- KRAEK offers the following payment methods: iDEAL, Bancontact, VISA, Mastercard, American Express, PayPal, Klarna Postpay, SOFORT, EPS, Giropay, KBC / CBC, Belfius Direct Net, ING Home'Pay. The consumer is bound by the terms and conditions of the payment platform that he / she has chosen for payment. KRAEK has no power over these terms and conditions and cannot be held liable for the content thereof.
- If the consumer places an order with KRAEK, KRAEK may request the following information from him or her:
- name and address, so that KRAEK can handle the delivery of the product correctly.
- e-mail address and telephone number, so that KRAEK can keep the consumer informed of the order.
- payment information, such as the bank account number of the consumer. KRAEK uses this to complete the order. The data is sent encrypted and not saved.
During payments, the connection between the consumer and www.kraek.com is secured. With the help of SSL the transaction data is sent encrypted over the internet. To pay with SSL, the consumer does not need any special software. The consumer recognizes a secure SSL connection by the "lock" in the bottom status bar of the browser.
In case of questions, the consumer can mail to email@example.com.
4. Bank details KRAEK:
Name: Van der Ham Design
Bank account number: NL26 KNAB 0400 9273 06
3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance agreement 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 contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent as quickly as possible free of charge and electronically at the request of the consumer.
- If the distance contract is concluded electronically, contrary to 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 electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- 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 invoke the applicable provision which is most beneficial to him or her.
- KRAEK has the right to change these conditions from time to time.
4 - The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. 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.
- 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 manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and implementation of the agreement;
- 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 regular basic rate for the means of communication used;
- 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 it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- KRAEK is not bound in case of obvious errors and mistakes in our offers.
5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. 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.
- The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- contact details of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before the performance of the agreement;
- the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
- KRAEK immediately confirms receipt of an electronically received acceptance to the e-mail address provided by the consumer. The consumer is responsible for providing the correct e-mail address during the ordering process.
6 - Right of withdrawal
When delivering products:
- When purchasing products, the consumer has the option of dissolving the contract within 30 days without giving any reason. This reflection period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. If the returned product has been checked and approved, the customer will receive an email for notification and the amount already paid will be refunded to the consumer within 14 days. If the consumer wants to order another product, he or she must place a new order. Shipping costs of the purchase are refunded if the order is returned in its entirety. If only part of the order is returned, then the shipping costs of the purchase are for the account of the consumer.
- Products can be returned to the return address in Article 2.1. The consumer must indicate on the enclosed return form which item is returned and optionally the reason for your return shipment. The consumer then adds this form to your return shipment and sends the package through the post office.
- The consumer is responsible for the return shipment of the order and bears all risks associated with the return shipment and the burden of proof for the correct and timely exercise of the right of withdrawal. The entrepreneur urgently advises the consumer to return an insured product in a sealed package. If an insured return shipment is missing or damaged or if the receipt of a return shipment is denied (for example, if the carrier cannot show a valid signature), the consumer can hold the carrier liable. As the sender of the return shipment, the consumer can start the complaints procedure for any problem that may occur with the return shipment. The consumer must keep the (official, digital) receipt with track & trace information of his / her return shipment.
- Shipping costs for return shipments are not reimbursed by KRAEK.
- Products ordered before 3:00 pm on a working day are generally delivered by PostNL parcel service within 1 to 2 working days.
- During the reflection period, the consumer will handle the product and the 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 exercises his right of withdrawal, he will return the product with all accessories supplied 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.
- Should the consumer return the product to the wrong address and not the correct address as stated on the website or the return form, then KRAEK is not liable for a refund.
- If the consumer wants to make use of his / her right to terminate the agreement or wants to cancel his / her order while the consumer's order has already left the KRAEK warehouse (this is usually on work days immediately after the buyer is / placed her order) - even if the order has not yet arrived at the delivery address chosen by the consumer - the costs for return shipment to KRAEK will be borne by the consumer.
- KRAEK offers free shipping costs for orders above EUR 50 to consumers in The Netherlands.
Upon delivery of services:
- Upon delivery of services, the consumer has the option of dissolving the contract without giving any reason for at least fourteen days, starting on the day of entering into the contract.
- To make use of his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most.
- If the consumer receives the wrong product, the cost of the return will be borne by the entrepreneur.
8 - Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been established by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
- the delivery of which started with the express consent of the consumer before the reflection period has expired;
- concerning bets and lotteries.
9 - The price
- The prices stated in the range of products or services include VAT. In the case of sending an order to an address outside the EU, the consumer may owe import duties and taxes that are collected upon delivery of the shipment at the specified delivery address. The consumer is responsible for payment of these import duties and taxes. KRAEK has no power over these costs and cannot predict the amount.
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 reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
- The consumer must report a defect of the order or an incorrectly received product of the order within 14 days via firstname.lastname@example.org in order to be eligible for a refund.
- The KRAEK warranty automatically applies to the purchase of a KRAEK product. KRAEK provides a two (2) year warranty on its watches, watch accessories and jewelry.
- The warranty is not valid in the case of:
o theft or loss
o intentional damage
o damage due to improper use such as scratches, bumps or falls
o normal wear or aging of the materials used or damage due to insufficient care
- The warranty on a watch applies to the timepiece and not to other parts such as the glass or the strap. Visible traces of use on the glass or strap of a watch are considered normal consequences of use. The influence of perspiration on the strap varies per person, depending on the acidity of the skin.
- KRAEK watches are 3 ATM water resistant. That means that the watch is resistant to splashing water. 3 ATM waterproof KRAEK watches may not be worn while showering, bathing, swimming or diving. KRAEK watches may not be exposed to more than splash water or chemical substances such as perfume, cosmetics and cleaning products.
- The consumer acknowledges that KRAEK jewelry is fragile and breaks due to rough use. The warranty on jewelry only relates to demonstrable production errors. KRAEK jewelry should not be exposed to water or chemical substances such as perfume, cosmetics and cleaning products, as this can cause discoloration.
- The warranty on a KRAEK watch expires if a third party has performed repair or other work on the product.
- The shipping costs for return shipment after a warranty or repair request (for defects that arise after the buyer has used the product) will be borne by the consumer.
- For questions about return and warranty, the consumer can always contact KRAEK via e-mail address email@example.com.
11 - Delivery and execution
- The trader will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Taking into account that which is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, though at the latest within 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 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
- In the event of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
- If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the 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.
- If the order sent by the entrepreneur is lost or lost, or if the consumer claims that he / she has not received the order, although this is apparent from the track & trace data, the carrier starts a complaints procedure. A reversal or re-dispatch will only be made if the outcome of the procedure is known. The consumer must fully cooperate with the carrier's complaints procedure. If an order is lost as a result of an error on the part of the carrier and after the carrier's complaint procedure has been completed, the entrepreneur will refund the amount to the consumer or attempt to resend the ordered product.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
- If an order is still not delivered to the delivery address of the consumer (or the collection point) 14 days after the dispatch date, the consumer is obliged to inform KRAEK of this within 14 days by e-mail (so: no later than 28 days after the shipping date).
12 - Duration transactions: duration, cancellation and extension
- The consumer can at all times cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of one month at most.
- The consumer can at all times terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of one month at most.
- The consumer can the agreements mentioned in the previous paragraphs:
- cancel at any time and are not limited to cancellation at a specific time or during a specific period;
- cancel at least in the same way as they are entered into by him;
- always cancel with the same cancellation period as the entrepreneur has stipulated for himself.
- An agreement that has been entered into for a definite 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 specific duration.
- Contrary to the previous paragraph, a contract that has been entered into for a definite period of time and that extends to the regular delivery of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a specific duration of a maximum of three months, if the consumer has this extended contract can cancel at the end of the extension with a notice period of at most one month.
- An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of at least one month. maximum 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.
- Agreements with a limited duration for the regular introduction of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) are not tacitly continued and automatically end after the trial or introductory period
- If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a cancellation period of at most one month, unless reasonableness and fairness preclude cancellation before the end of the agreed duration.
13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days of the commencement of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, it will be charged period after the consumer has received the confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment data provided or specified to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been made known to the consumer in advance.
14 - Complaints procedure
- The entrepreneur has a sufficiently disclosed clause procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted promptly, fully and clearly described to the entrepreneur, after the consumer has found 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 a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
15 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
16 – Liability
KRAEK is in no way liable for personal, physical and general damage resulting from the use of the goods by the consumer or third parties.
17 - Additional or different provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium.
18 - Personal data and Privacy
KRAEK handles your personal data with care and complies with the privacy rules as laid down in the General Data Protection Regulation (AVG). The consumer has the right to view, change or delete his / her personal data by sending an e-mail to firstname.lastname@example.org. KRAEK guarantees the reliability, safety and integrity of the information provided by the consumer. KRAEK stores the data in a file and uses this data to process the consumer's order. The data is saved to handle any problems with the processing of the order. KRAEK may use the consumer's data to promote products to the consumer.