Terms and conditions Kensai jewels E-mail: info@kensaijewels.com Website: www.kensaijewels.com
- Kensai jewels: Kensai jewels, established in Schiedam under Chamber of Commerce no. 87823861. 2. Customer: the person with whom Kensai jewels has entered into an agreement.
- Parties: Kensai jewels and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions - These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Kensai jewels.
- The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
- Parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of
third parties expressly.
Prices - All prices used by Kensai jewels are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
- All prices that Kensai jewels uses for its products, on its website or otherwise made known, Kensai jewels can change at any time.
- Increases in the cost prices of products or parts thereof, which Kensai jewels could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .
Payments and payment term - Kensai jewels may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
- The customer must make payments afterwards within after delivery.
- Payment terms are regarded as strict payment terms. That means if the customer
has not paid the agreed amount no later than the last day of the payment term, he is legally in default and in default, without Kensai jewels having to send the customer a reminder or to declare it in default. - Kensai jewels reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.
Consequences of not paying on time - If the customer does not pay within the agreed term, Kensai jewels is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day that the customer is in default, whereby part of a month for a whole month is counted.
- When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Kensai jewels.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Kensai jewels may suspend its obligations until the customer has paid
- If the customer does not pay on time, Kensai jewels may suspend its obligations until the customer has fulfilled his payment obligation.
- In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Kensai jewels against the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by Kensai jewels, he is still obliged to pay the agreed price to Kensai jewels.
Right of advertising - As soon as the customer is in default, Kensai jewels is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Kensai jewels invokes the right of recovery by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of recovery, the customer shall return the products where this is the case
right relates to, to immediately return to Kensai jewels, unless the parties have agreed otherwise
to make. - The costs for bringing back or returning the products will be borne by the customer.
Right of withdrawal - A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
the product has not been used - it is not a product that can spoil quickly, such as food or flowers
- it is not a product specially tailored or modified for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
- the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity
- the product is not a loose magazine or newspaper
- the consumer has not waived his right of withdrawal
- The reflection period of 14 days as referred to in paragraph 1 commences:
on the day after the consumer has received the last product or part of 1 order as soon as the consumer has confirmed that he will purchase digital content via the internet - The consumer can make his appeal to the right of withdrawal known via info@kensaijewels.com, if desired using the withdrawal form that can be downloaded from the website of Kensai jewels, www.kensaijewels.com.
- The consumer is obliged to return the product to Kensai jewels within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs - If the consumer has made timely use of his right of withdrawal and as a result has returned the complete order to Kensai jewels in time, Kensai jewels will refund any shipping costs paid by the consumer to the consumer within 14 days after receipt of the timely and complete order. refund consumer.
- The costs for delivery will only be borne by Kensai jewels insofar as the entire order is returned.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
right of retention
right of retention - Kensai jewels can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Kensai jewels, unless the customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Kensai jewels.
- Kensai jewels is never liable for any damage that the customer may suffer as a result of using his right of retention.
Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt to Kensai jewels against a claim against Kensai jewels.
Retention of title - Kensai jewels remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards Kensai jewels under any agreement concluded with Kensai jewels, including claims regarding shortcomings in performance.
- Until then, Kensai jewels can invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, alienate the products
or otherwise objections. - If Kensai jewels invokes its retention of title, the agreement is considered dissolved and has
Kensai jewels has the right to claim damages, lost profits and interest.
Delivery - Delivery takes place while stocks last.
- Delivery takes place at Kensai jewels, unless the parties have agreed otherwise.
- Delivery of products ordered online will take place at the address indicated by the customer.
- If the agreed amounts are not paid or not paid on time, Kensai jewels has the right to be
to suspend obligations until the agreed part has been paid. - In the event of late payment, there is creditor default, with the result that the customer cannot pay for a late delivery.
Kensai jewels can counter.
Delivery time - The delivery times stated by Kensai jewels are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
- The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Kensai jewels.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Kensai jewels cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transportation costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping - If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Kensai jewels cannot be held liable for any damage.
- If the customer arranges for the transport of a product himself, he must report any visible damage
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Kensai jewels prior to transport, failing which Kensai jewels cannot be held liable for any damage.
custody - If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of premature or late purchase of products will be fully borne by the customer.
Guarantee - The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
- The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.
exchange - Exchanging purchased items is only possible if the following conditions are met:
exchange takes place within 14 days after purchase on presentation of the original invoice
the product is returned in its original packaging or with the original (price) tags still attached
the product has not yet been used - Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.
disclaimer
The customer indemnifies Kensai jewels against all third-party claims related to the products and/or services supplied by Kensai jewels.
Complaints - The customer must examine a product or service provided by Kensai jewels as soon as possible for any shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Kensai jewels of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
- Consumers must inform Kensai jewels of this within 2 months after the discovery of the shortcomings.
- The customer gives a description of the shortcoming that is as detailed as possible, so that Kensai jewels is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Kensai
jewels can be held to perform other work than has been agreed.
Notice of default - The customer must notify Kensai jewels of notice of default in writing.
- It is the responsibility of the customer that a notice of default Kensai jewels actually (in time)
reaches. - Joint and several liability customer
- If Kensai jewels enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts due to Kensai jewels under that agreement.
- Liability Kensai jewels
- Kensai jewels is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
- If Kensai jewels is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
- Kensai jewels is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- If Kensai jewels is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Any right of the customer to compensation from Kensai jewels expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
Right to dissolution - The customer has the right to dissolve the agreement if Kensai jewels imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
- If the fulfillment of the obligations by Kensai jewels is not permanently or temporarily impossible, dissolution can only take place after Kensai jewels is in default.
- Kensai jewels has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Kensai jewels has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
Force of the majority - In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Kensai jewels in the fulfillment of any obligation towards the customer cannot be attributed to Kensai jewels in a situation independent of the will of Kensai jewels, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Kensai jewels.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
- If a force majeure situation occurs as a result of which Kensai jewels cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Kensai jewels can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
- Kensai jewels does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
Change of the agreement - If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
- The previous paragraph does not apply to products purchased in a physical store.
Change of general terms and conditions - Kensai jewels is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Kensai jewels will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions
say.
Transfer of rights - Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Kensai jewels.
- This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code.
Consequences nullity or voidability - If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Kensai jewels had in mind when drawing up the conditions on that point.
Applicable law and competent court - Dutch law applies exclusively to every agreement between the parties.
- The Dutch court in the district where Kensai jewels is established / has a practice / has an office is
exclusively authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Drafted on November 23, 2022. - Meer over deze brontekstBrontekst vereist voor aanvullende vertaalinformatie
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Tekenlimiet van 5.000. Gebruik de pijlen om meer te vertalen.
Meer over deze brontekstBrontekst vereist voor aanvullende vertaalinformatie
Feedback sturen
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Geschiedenis
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Tekenlimiet van 5.000. Gebruik de pijlen om meer te vertalen.