Terms of service

GENERAL TERMS AND CONDITIONS OF ONLINE SALES (B2C)

Article 1: Definitions

  1. KenJo Sabers Chamber of Commerce number 77919939, is referred to in these general terms and conditions as seller.
  2. Seller's counterparty shall be referred to in these general terms and conditions as buyer.
  3. Parties are seller and buyer together.
  4. Agreement means the purchase agreement between the parties.


Article 2: Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
  2. Deviations from these terms and conditions are only possible if expressly agreed in writing by the parties.


Article 3: Payment

  1. The full purchase price is always paid immediately in the store. For reservations, in some cases a down payment is expected. In that case the buyer will receive proof of the reservation and prepayment.
  2. If buyer does not pay on time, he is in default. If buyer remains in default, seller is entitled to suspend obligations until buyer has fulfilled his payment obligation.
  3. If buyer remains in default, seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs will be calculated on the basis of the Compensation for Extrajudicial Collection Costs Decree.
  4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims against the buyer shall be immediately due and payable.
  5. If the buyer refuses to cooperate in the execution of the order by the seller, he shall still be obliged to pay the agreed price to the seller.


Article 4: Offers, quotations and price

  1. Offers are without obligation, unless the offer states a period for acceptance. If the offer is not accepted within that period, the offer will lapse.
  2. Delivery times in offers are indicative and if exceeded do not entitle the buyer to dissolution or damages, unless the parties have expressly agreed otherwise in writing.
  3. Offers and quotations do not automatically apply to repeat orders. The parties must agree this explicitly and in writing.
  4. The price mentioned on offers, quotations and invoices consists of the purchase price including VAT and any other government levies due.


Article 5: Right of withdrawal

  1. After receiving the order, the consumer has the right to dissolve the agreement within 14 days without giving reasons (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer.
  2. There is no right of withdrawal if the products are custom-made according to his specifications or only have a short shelf life.
  3. The consumer can use a withdrawal form provided by the seller. Seller is obliged to make this available to buyer immediately after buyer's request.
  4. During the withdrawal period, the consumer will handle the product and its 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 unused and undamaged product with all delivered accessories and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.


Article 6: Changes to the agreement

  1. If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to change or supplement the work to be performed, the parties shall in a timely manner and in mutual consultation adapt the agreement accordingly.
  2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected as a result. The Seller shall inform the Buyer of this as soon as possible.
  3. If the amendment or supplement to the Agreement has financial and/or qualitative consequences, Seller shall inform Buyer thereof in writing in advance.
  4. If the parties have agreed on a fixed price, the Seller shall also indicate to what extent the amendment or supplement to the Agreement will result in an overrun of this price.
  5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or supplement is the result of circumstances attributable to him.


Article 7: Delivery and transfer of risk

  1. As soon as the purchased item is received by the buyer, the risk passes from the seller to the buyer.


Clause 8: Examination, complaints

  1. Purchaser is obliged to examine the delivered goods, or have them examined, at the time of delivery or transfer, but in any case within as short a period as possible. In doing so, the Buyer must examine whether the quality and quantity of the goods delivered are in accordance with what the parties have agreed, or at least whether the quality and quantity meet the requirements applicable to them in normal (commercial) dealings.
  2. Complaints relating to damage, shortages or loss of delivered goods must be submitted to vendor in writing within 10 working days of the day of delivery of the goods by purchaser.
  3. If the complaint is declared well-founded within the specified period, vendor shall be entitled to either repair, redeliver or abandon delivery and send purchaser a credit note for that part of the purchase price.
  4. Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be held against the seller.
  5. Complaints regarding a certain product do not affect other products or parts belonging to the same agreement.
  6. No complaints will be accepted after the goods have been processed at the buyer's premises.


Article 9: Samples and models

  1. If a sample or model has been shown or provided to purchaser, it is presumed to have been provided only as an indication without the matter to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
  2. In the case of agreements concerning immovable property, a statement of the surface area or other measurements and indications shall also be presumed to have been given by way of indication only, without it being necessary for the good to be delivered to correspond with it.


Article 10: Delivery

  1. Delivery shall be ex-factory/shop/warehouse. This means that all costs are for the buyer.
  2. The Purchaser shall be obliged to take delivery of the goods at the moment that the Seller delivers them to him or has them delivered, or at the moment at which these goods are made available to him in accordance with the Agreement.
  3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Seller shall be entitled to store the goods at the Buyer's expense and risk.
  4. If the goods are delivered, Seller shall be entitled to charge any delivery costs.
  5. If the Seller requires information from the Buyer for the performance of the Agreement, the delivery period shall commence after the Buyer has made this information available to the Seller.
  6. A delivery period given by the Seller is indicative. It is never a deadline. If the term is exceeded, the Buyer must give the Seller written notice of default.
  7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. In the event of delivery in parts, the Seller shall be entitled to invoice these parts separately.


Article 11: Force majeure

  1. If the Seller cannot fulfill its obligations under the Agreement, or cannot fulfill them on time or properly, due to force majeure, it shall not be liable for any damage suffered by the Buyer.
  2. By force majeure the parties mean in any case every circumstance which the seller could not take into account at the time the agreement was entered into and as a result of which the normal performance of the agreement cannot reasonably be demanded by the buyer, such as illness, war or threat of war, civil war and riots, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, occupation of premises, strikes, lock-outs, altered government measures, transport difficulties, and other disruptions in the seller's business.
  3. Furthermore, the parties understand force majeure to mean the circumstance that supplying companies on which the seller depends for the execution of the agreement do not comply with their contractual obligations to the seller, unless this is attributable to the seller.
  4. If a situation as referred to above arises as a result of which the Seller cannot fulfill its obligations to the Buyer, those obligations shall be suspended for as long as the Seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties shall have the right to dissolve the agreement in writing in whole or in part.
  5. If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.


Article 12: Transfer of rights

  1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision counts as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.


Article 13: Retention of title and right of retention

  1. The goods and parts delivered to the Seller shall remain the Seller's property until the Buyer has paid the agreed price in full. Until that time, the Seller may invoke its retention of title and repossess the goods.
  2. If the agreed amounts to be paid in advance are not paid or not paid on time, the seller is entitled to suspend the work until the agreed part has been paid. A creditor's default shall then exist. Delayed delivery cannot be held against the seller in this case.
  3. The seller is not authorized to pledge or encumber in any other way the goods subject to its retention of title.
  4. The Seller undertakes to insure the goods delivered to the Buyer under retention of title and to keep them insured against fire, explosion and water damage and against theft and to make the policy available for inspection on demand.
  5. If goods have not yet been delivered but the agreed advance payment or price has not been paid as agreed, the Seller shall have the right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with the agreement.
  6. In case of liquidation, insolvency or suspension of payment of purchaser, purchaser's obligations shall be immediately due and payable.


Article 14: Liability

  1. Any liability for damage arising from or related to the execution of an agreement shall always be limited to the amount paid out in the case in question by the liability insurance(s) taken out. This amount will be increased by the amount of the excess according to the relevant policy.
  2. Not excluded is the vendor's liability for damage resulting from intent or deliberate recklessness on the part of the vendor or its executive employees.


Article 15: Obligation to complain

  1. Purchaser is obliged to immediately report complaints about the work performed to vendor. The complaint shall contain as detailed a description as possible of the shortcoming, so that Seller is able to respond adequately.
  2. If a complaint is well-founded, Seller will be obliged to repair and possibly replace the good.


Article 16: Guarantees

  1. If guarantees are included in the agreement, the following shall apply. The seller guarantees that the goods sold comply with the agreement, that they will function without defects and that they are suitable for the use that the buyer intends to make of them. This warranty shall apply for a period of twelve calendar months after receipt of the sold item by Seller.
  2. The guarantee referred to is intended to create an allocation of risks between the seller and the buyer such that the consequences of a breach of guarantee will always be entirely for the seller's account and risk and that the seller can never invoke Article 6:75 of the Dutch Civil Code with regard to a breach of guarantee. The provisions of the previous sentence also apply if the Buyer was aware or could have been aware of the breach by conducting an investigation.
  3. The said guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when - without permission - the Buyer or third parties have made changes or attempted to make changes or have used the purchased item for purposes for which it is not intended.
  4. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that producer.
  5. During the first six months after delivery, defects will be repaired or replaced free of charge, provided that there is no damage due to improper use, such as but not limited to: use of an incorrect charger other than prescribed, falling, impact or water damage, adjustments or modifications to the product, unscrewing without instructions from an employee. After 6 months, if the defect is not due to him or it is not covered by the standard warranty, the seller may request a fair contribution for repair or replacement given that the product will be as new again upon replacement. This will take into account the nature of the product, duration of use and type of defect.
  6. Replacing or repairing (parts of) the product does not extend the warranty period. The original period of 12 months from delivery remains in effect.
  7. The said warranty is not transferable.


Article 17: Applicable lawand competent court

  1. Each agreement between parties is exclusively governed by Dutch law.
  2. The Dutch court in the district where the Seller has its registered office/offices is exclusively competent to take cognizance of any disputes between the parties, unless imperatively prescribed otherwise by law.
  3. The applicability of the Vienna Sales Convention is excluded.
  4. If in legal proceedings one or more provisions of these general terms and conditions are deemed to be unreasonably onerous, the other provisions will remain in full force.