Terms & conditions

 

Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Entrepreneur: the natural of legal providing distance products and/or services to consumers;
  2. Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the entrepreneur;
  3. Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the Entrepreneur for distance sale of products and/or services;
  4. Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time. 
  5. Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;
  6. Right of withdrawal:  the option for Consumers to withdraw from the distance contract within the cooling-off period;
  7. Day: calendar day;
  8. Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
  9. Long-term data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
     

The Entrepreneur’s identity

kiezels
Christiaan Huygensplein 21-3
1098 RA  Amsterdam
The Netherlands

Telephone number: +31 653339304

Chamber of Commerce number: 55524788
VAT identification number: NL137842041B02
 

Applicability

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer.
  3. The Entrepreneur may modify these terms and conditions of use at any time. Any modification made, will not affect, under any circumstances, purchases made prior to the approval of said modifications which will always be governed by the current terms and conditions at the time of these purchases are made. It is the customer's responsibility to be aware of the current terms and conditions at the time of starting the Purchase Process.
     

The contract

  1. The contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. The Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
  3. The Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures. 
  4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
     

The offer

  1. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
  2. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:

- the price, including taxes;
- any delivery costs, if applicable;
- the way in which the agreement will be concluded, and what actions are needed to establish this;
- whether or not the right of withdrawal is applicable;
- the form of payment, delivery or performance of the contract;

If an error is found, the Entrepeneur will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Supplier will refund or recredit you for any sum that has been paid by you or debited from your credit card for the goods.

 

The price

  1. All prices indicated in the provision of products or services are including VAT.
  2. The prices indicated in relation to each product, unless expressly indicated otherwise, do not include delivery charges outside Europe, gift wrapping, packaging, delivery insurance or any other additional and supplementary services for the product or service purchased.
  3. The Entrepreneur will not be responsible for special rates, customs duties or additional delivery costs. The prices included on this website do not include customs duties or taxes. Orders placed may be subject to customs duties and/or import taxes and charges, which will be demanded when the delivery arrives in its country of destination. Users are solely responsible for any additional charges at the customs office. The Entrepreneur does not have any control over these charges nor may it predict their amount or nature.
  4. The Entrepreneur reserves the right to modify its retail sales prices at any time, except for orders which have already been completed.
     

Payment

Payment for the goods and delivery charges can be made by any method shown in The Entrepreneur website at the time you place your order.
 

Availability

The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Entrepreneur will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
 

Delivery and execution

  1. The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
  2. The place of delivery is at the address given by the Consumer to the company.
  3. The Company shall execute accepted orders with convenient speed. The delivery usually takes place between 24 and 72 hours but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
  4. In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
  5. If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the Entrepreneur.
  6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer. 
     

Right of withdrawal

  1. When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.
  2. During this period, the Consumer shall handle the product and the packaging with care.
  3. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product.
  4. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur´s reasonable and clear instructions.
  5. To return an order, you must ensure to comply with the following conditions.
    •  The product must not have been used.
    • The product must be returned in the same condition as it was sent in and where possible in its original packaging. If the original packaging is not available, it must be replaced by packaging of a similar size and capacity.
  6. The product must be returned to the Entrepreneurs office (see address above) within a period of 14 days following receipt of your order.
  7. The Entrepreneur will not be responsible for returns which do not reach its warehouse. The Entrepreneur will not accept returns sent cash on delivery.
     

Costs in case of withdrawal

  1. Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer´s expense.
  2. If the Consumer has made a payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
     

Exclusion of the right of withdrawal

If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
 

Warranty

  1. All goods supplied by the Entrepreneur are warranted free from defects for 6 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
  2. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Entrepreneur failure to follow the Entrepreneur’s instructions, or any alteration or repair carried out without the Entrepreneur’s approval. 
  3. If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the customer service department on email customerservice@kiezels.com. 
  4. Save as precluded by Law, we will not be liable to you for any indirect or consequential loss, damage or expenses, or for any loss of profits, business or goodwill, howsoever arising, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
     

Complaints procedure

  1. Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
  2. The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply. 
     

Data protection

The Supplier will take all reasonable precautions to keep the details of your order and payment secure, but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
 

Applicable law

These terms of sale and the supply of the goods will be subject to Dutch law, and the Dutch courts will have jurisdiction in respect of any dispute arising from the contract.