General Terms and Conditions Webshop K’willeminhuis (B2C and B2B)

Introduction

Below you will find our Terms and Conditions. These are always applicable when you use or place an order through our Website. The Terms and Conditions contain important information for you as a buyer. Therefore, please read them carefully. We further recommend that you save or print these terms and conditions so that you can read them again at a later time.

Article 1. Definitions
1.1. K’willeminhuis: established in Veenendaal and registered with the Chamber of Commerce under registration number 86150367 trading under the name K’willeminhuis.
1.2. Website: the website of K’willeminhuis, to be consulted via https://shop-kwilleminhuis.nl and all associated subdomains.
1.3. Customer: the natural person who, not acting in the exercise of a profession or business, enters into an Agreement with K’willeminhuis and/or has registered on the Website.
1.4. Agreement: any arrangement or agreement between K’willeminhuis and Customer, of which agreement the General Conditions form an integral part.
1.5. General Conditions: the present General Conditions.

Article 2. Applicability of General Terms and Conditions
2.1. All offers, Agreements and deliveries of K’willeminhuis are subject to the General Conditions, unless expressly agreed otherwise in writing.
2.2. If, in his order, confirmation or communication containing acceptance, the Client includes provisions or conditions which deviate from, or do not appear in, the General Conditions, these shall only be binding for K’willeminhuis if and insofar as K’willeminhuis has expressly accepted them in writing.
2.3. In the event that specific product or service conditions apply in addition to these General Conditions, those conditions shall also apply, but in the event of conflicting conditions, the Customer may always rely on the applicable provision that is most favorable to him.

Article 3. Prices and information
3.1. All prices stated on the Website and in other materials originating from K’willeminhuis are inclusive of VAT and, unless otherwise stated on the Website, other government levies.
3.2. If shipping costs are charged, this shall be clearly stated in good time before the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. However, K’willeminhuis cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from K’willeminhuis are therefore subject to apparent programming and typing errors.
3.4. K’willeminhuis cannot be held responsible for (color) deviations due to screen quality.

Article 4. Conclusion of Agreement
4.1. The Agreement comes into effect when the Customer accepts the offer of K’willeminhuis and meets the conditions set by K’willeminhuis.
4.2. If the Customer has accepted the offer electronically, K’willeminhuis shall immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer shall have the opportunity to rescind the Agreement.
4.3. If it appears that incorrect information was provided by the Customer when accepting or otherwise entering into the Agreement, K’willeminhuis shall be entitled to fulfill its obligation only after the correct information has been received.
4.4. K’willeminhuis may inform itself within legal frameworks whether Customer can fulfill his payment obligations, but also of all facts and factors which are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, K’willeminhuis has good grounds not to enter into the Agreement, it shall be entitled to refuse an order or application, with reasons, or to attach special conditions to the execution, such as prepayment.

Article 5. Registration
5.1. In order to make optimal use of the Website, Customer can register via the registration form/ account sign-up option on the Website.
5.2. During the registration procedure, Customer chooses a username and password with which he can log on to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
5.3. Customer must keep his login details, his username and password strictly confidential. K’willeminhuis is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through Customer’s account is the responsibility and risk of Customer.
5.4. If Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or notify K’willeminhuis of this, so that K’willeminhuis can take appropriate measures.

Article 6. Execution of Agreement
6.1. As soon as the order has been received by K’willeminhuis, K’willeminhuis shall send the products as soon as possible, subject to the provisions of paragraph 3 of this Article.
6.2. K’willeminhuis is entitled to engage third parties in the performance of its obligations under the Agreement.
6.3. The delivery period shall in principle be 3 days. The method of delivery can take place in various ways and is at the discretion of K’willeminhuis.
6.4. If K’willeminhuis is unable to deliver the products within the agreed term, it shall notify Customer thereof. In that case, Customer may agree to a new delivery date or he shall be given the opportunity to rescind the Agreement free of charge.
6.5. K’willeminhuis recommends that Customer inspect the delivered products and report any defects found within a reasonable time, preferably in writing. See further the Article on guarantee and conformity.
6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, is transferred to Customer. If expressly agreed otherwise, the risk shall pass to the Customer at an earlier stage. If Customer decides to collect the products, the risk shall pass upon transfer of the products.
6.7. K’willeminhuis is entitled to deliver a similar product of similar quality as the product ordered, if the product ordered is no longer available. Customer is then entitled to rescind the Agreement free of charge and return the product free of charge.

Article 7. Right of withdrawal
7.1. This article applies only to the Customer being a natural person not acting in the exercise of his profession or business.
7.2. Customer has the right to cancel the remotely concluded Agreement with K’willeminhuis within 14 days after receipt of the product, without giving reasons, free of charge.
7.3. The period starts on the day after the Customer, or a third party previously designated by him, who is not the carrier, has received the product, or:
– if Customer ordered several products in the same order: the day on which Customer, or a third party designated by him, received the last product;
– if the delivery of a product consists of several shipments or parts: the day on which Customer, or a third party designated by him, has received the last shipment or part;
– for Agreements for regular delivery of products during a specified period: the day on which Customer, or a third party designated by him, received the first product.
7.4. Customer must bear the return costs himself; if these costs are higher than the regular postal rate, K’willeminhuis shall provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer’s own expense.
7.5. Within the withdrawal period referred to in paragraph 1, Customer shall handle the product and packaging with care. Customer shall only open the packaging and use the product to the extent necessary to inspect the nature, characteristics and operation of products. The starting point here is that this inspection may not go any further than Customer would be able to do in a physical store.
7.6. Customer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond that permitted in the previous paragraph.
7.7. Customer may rescind the Agreement in accordance with the period set forth in paragraph 1 of this Article by sending the model form for rescission (digitally) to K’willeminhuis, or otherwise unambiguously informing K’willeminhuis that he renounces the purchase. K’willeminhuis confirms in case of a digital notification the receipt of that notification. After cancellation, Customer still has 14 days to return the product. It is also possible to return the product directly within the cooling-off period stated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration for withdrawal is enclosed.

Products can be returned to:

K’willeminhuis
Bobinestraat 69
3903KE, Veenendaal
The Netherlands

7.8. Amounts already paid by Customer (in advance) shall be refunded to Customer as soon as possible, but at the latest within 14 days after rescission of the Agreement, in the same way as Customer paid for the order. If Customer has chosen a more expensive method of delivery than the cheapest standard delivery, K’willeminhuis does not have to refund the additional costs for the more expensive method. Unless K’willeminhuis offers to pick up the product itself, K’willeminhuis may wait with repayment until K’willeminhuis has received the product or until Customer proves that he has returned the product, whichever is earlier.
7.9. Information on whether or not the right of withdrawal is applicable and any desired procedure shall be clearly stated on the Website in good time before the conclusion of the Agreement.
7.10. The right of withdrawal does not apply to:
– Products created by the entrepreneur in accordance with the Customer’s specifications;
– The delivery of digital content other than on a tangible medium if the performance has begun with the express prior consent of the Customer and he has declared that he thereby loses his right of withdrawal.

Article 8. Payment
8.1. Customer must make payments to K’willeminhuis according to the payment methods indicated in the ordering procedure and possibly on the Website. K’willeminhuis is free in its choice of offering payment methods and these may also change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.

Article 9. Warranty and conformity.
9.1. This article is only applicable if the Customer is not acting in the exercise of his profession or business. If a separate guarantee is given on the products by K’willeminhuis, without prejudice to what has just been stated, this applies to all types of Customers.
9.2. K’willeminhuis warrants that the products meet the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, K’willeminhuis also guarantees that the product is suitable for other than normal use.
9.3. A guarantee provided by K’willeminhuis, manufacturer or importer shall not affect the legal rights and claims which the Customer already has and can invoke under the Agreement.
9.4. If the delivered product does not meet the Agreement, Customer must notify K’willeminhuis of the defect within a reasonable period after he has discovered it.
9.5. If K’willeminhuis considers the complaint justified, the relevant products shall be repaired, replaced or reimbursed after consultation with Customer. The maximum compensation shall, subject to the Article on liability, be equal to the price paid by the Customer for the product.

Article 10. Complaint Procedure
10.1. If Customer has a complaint about a product (in accordance with Article on warranty and conformity) and/or about other aspects of the service of K’willeminhuis, he can submit a complaint to K’willeminhuis by telephone, e-mail or post. See the contact details at the bottom of the General Conditions.
10.2. K’willeminhuis shall give Customer a response to his complaint as soon as possible, but in any case within 7 days after receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, K’willeminhuis shall, within 7 days of the receipt of the complaint, acknowledge the complaint and give an indication of the period within which it expects to provide a substantive or definitive response to Customer’s complaint.
10.3. Customer not acting in the exercise of his profession or business may also submit a complaint through the European Dispute Resolution Platform, accessible at http://ec.europa.eu/odr/.

Article 11. Personal data
11.1. K’willeminhuis processes Customer’s personal data in accordance with the privacy statement published on the Website.

Article 12. Final provisions
12.1. The Agreement shall be governed by Dutch law.
12.2. Unless otherwise prescribed by rules of mandatory law, all disputes arising from the Agreement shall be submitted to the competent Dutch court in the district where K’willeminhuis has its registered office.
12.3. If any provision in these General Conditions proves to be null and void, this shall not affect the validity of the entire General Conditions. In that case, the parties shall determine (a) new provision(s) to replace it(them), which shall reflect the intention of the original provision as much as legally possible.
12.4. In these General Conditions, “in writing” shall also mean communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.

K’willeminhuis
Bobinestraat 69
3903KE, Veenendaal
The Netherlands

Phone: +31 63 03 78 182
E-mail: info@kwilleminhuis.nl

Chamber of Commerce number: 86150367
VAT number: NL863877370B01