Index:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - The price

Article 8 - Conformity and warranty

Article 9 - Delivery and implementation

Article 10 - Payment

Article 11 - Complaints procedure

Article 12 - Disputes

Article 13 - Additional or deviating provisions

Article 1 - Definitions

In these conditions the following terms have the following meanings:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
3. Day: calendar day;
4. Digital content: data that is produced and delivered in digital form;
5. Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;
6. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers from a distance;
8. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more remote communication techniques.

Article 2 - Identity of the entrepreneur

Name of entrepreneur: Jasper Spaan and Dominique Spaan - Klippel
Trading under the name: Kdooh

Establishment & visiting address:

Berberis 6
3247 DS Dirksland
South Holland, The Netherlands

Dutch return address:

Kdooh
Berberis 6
3247 DS Dirksland

Email address:[email protected]
Phone: +31 (0)85 303 6300

Chamber of Commerce number: 80916791
VAT identification number: NL861850427B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
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 the consumer 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 electronically or otherwise at the request of the consumer.
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 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 period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content 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, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for 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.

Article 5 - The agreement

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 the receipt of this acceptance has not been confirmed by the entrepreneur, 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inquire 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, with reasons, or to attach special conditions to the implementation.
5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
1. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
2. 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;
3. information about guarantees and existing service after purchase;
4. the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
6. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Withdrawal

Right of withdrawal

You have the right to withdraw from the contract within 30 days, without giving reasons. This for the entire purchase agreement or for individual ordered goods. Determining for this period is the day on which the goods (in the case of partial deliveries: the last delivered) are received by you or by a third party authorized by you.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post or e-mail). You can use our online portal for this purpose, but are not obliged to do so.

To meet the withdrawal period, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Excluded from the right of withdrawal is a consumer purchase that relates to the delivery of:

1. products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
2. products that spoil quickly or that have a limited shelf life;
3. products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
4. products that are irrevocably mixed with other items after delivery due to their nature;
5. alcoholic drinks, the price of which was agreed upon at the time of purchase, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which you have no influence;
6. audio and video recordings and computer software of which the seal has been broken after delivery;
7. newspapers, magazines or magazines, with the exception of an agreement for the regular delivery of such publications;

Your revocation must be sent to [email protected] or sent to this address:

Kdooh
Berberis 6
3247 DS Dirksland

The handling of the return shipment is explained here.

Withdrawals as described above are only applied to orders from private individuals from Europe. For orders outside Europe and business orders, we are happy to conclude an individual agreement for the return of goods by appointment.

Consequences of withdrawal

If you cancel your order, the received items must be returned.

If you cancel the agreement, you will receive all payments you have made up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a different method of delivery than the cheapest standard delivery offered by us) without delay and in any case, no later than 14 working days after we have received your return shipment from us. Return costs are always charged to the consumer. We will pay you back with the same payment method as with which you made the original transaction, unless you have discussed with us a different payment method or an exchange for another product. You will not be charged for the refund.

Article 7 - The price

1. All prices on Kdooh include the applicable VAT rate.
2. If additional costs apply for packaging, shipping or other services, we will invoice these separately. We will always notify our customers of such charges before final order.

Article 8 - Conformity and warranty

1. 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 and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. 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 on the basis of the agreement.

Article 9 - Delivery and implementation

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 entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different 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 placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 10 - Payment

1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 calendar days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 calendar days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. 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 provided or stated payment details to the entrepreneur without delay.

4. If you choose the payment method "Postpay with Billink", you must pay the amount to Billink B.V. within the set payment term. (hereinafter: “Billink”). All rights under the claim are transferred by us at the time of order to Billink, who will take care of the collection of the invoice.

   Your data is checked by or on behalf of Billink and registered in its system. This data can be used, among other things, for the collection of outstanding claims, legitimate marketing purposes within the meaning of the General Data Protection Regulation, data verification and the assessment of orders in the implementation of the acceptance policy of other organizations and/or web shops affiliated with Billink.

   Billink reserves the right to refuse your request to use postpay, possibly stating reasons.

   The payment term used is a strict deadline. In the event of late payment, the customer is in default without notice of default and Billink is entitled to charge statutory (commercial) interest monthly from the due date of the invoice (whereby part of a month is regarded as a whole month). Billink is also entitled to charge extrajudicial collection costs to the customer on the basis of the Decree on Reimbursement for Extrajudicial Collection Costs (BIK). In the case of business customers, Billink is also entitled to charge reminder and reminder costs to the customer, without prejudice to Billink's right to charge the customer for the costs actually incurred if they exceed the amount calculated in this way. These costs amount to a minimum of 15% of the principal with a minimum of 40 euros for consumers and 75 euros for companies. Billink is also entitled to transfer the claim to a third party. What has been determined in the foregoing with regard to Billink will in that case also be transferred to the third party to whom the claim has been transferred.

   For Belgian customers:

   Non-payment of the invoice on the due date leads to the start of internal and external reminder procedures. By operation of law and without notice of default, a fixed administrative cost of € 12.50 will be charged for each internal reminder sent by Billink. As soon as Billink is obliged to transfer the claim to a specialized collection agency, this due to permanent non-payment, the claim is also increased by a fixed compensation clause, on account of non-payment, of 20% with a minimum of € 10 as well as late payment interest. at a rate of 12 % per year, calculated on the amount of the invoice from the date of dispatch of the invoice. The costs associated with this transfer of file as well as the compensation for the collection of the amounts owed are estimated at a fixed amount at € 35.00 and remain fully at your expense, without prejudice to the costs described above for internal reminders, fixed compensation and default interest. The courts of the judicial district of Antwerp are solely competent to settle disputes concerning the payment or the execution of our deliveries.

Article 11 - Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 calendar days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.

Article 12 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 13 - Additional or deviating provisions

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.