Terms and conditions
Table of Contents
-
Article 1 - Definitions
-
Article 2 - Identity of the contractor
-
Article 3 - Applicability
-
Article 4 - The offer
-
Article 5 - The agreement
-
Article 6 - Right of withdrawal
-
Article 7 - Costs of withdrawal
-
Article 8 - Exclusion of the right of withdrawal
-
Article 9 - Price
-
Article 10 - Conformity and guarantee
-
Article 11 - Delivery and performance
-
Article 12 - Transactions for an indefinite period: duration, cancellation and renewal
-
Article 13 - Payment
-
Article 14 - Complaints
-
Article 15 - Disputes
-
Article 16 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply.
Cool-off period: the period during which the consumer may exercise his right of withdrawal;
Consumer: the natural person, not acting in the exercise of a profession or business, who concludes a distance contract with the trader;
Day: calendar day;
Duration of the transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or the trader to store information addressed to him personally, in such a way that the information stored can be consulted and reproduced unchanged in the future.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Standard withdrawal form: the standard withdrawal form made available by the trader to be completed by the consumer when he wishes to exercise his right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract which, within the framework of a system organised by the trader for the distance marketing of products and/or services, makes exclusive use of one or more means of distance communication up to and including the conclusion of the contract;
Distance communication technology: means that can be used to conclude an agreement without the consumer and the trader being in the same room at the same time.
General terms and conditions: the present general terms and conditions of the trader.
Article 2 - Identity of the contractor
ITC Accessories
Burgemeester Stramanweg 101
1101 AA Amsterdam
The Netherlands
Email: support@kareforall.nl
VAT number: NL805341274B01
Chamber of Commerce number: 30138511
Article 3 - Applicability
These general conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded by electronic means, notwithstanding the previous paragraph, the text of these general terms and conditions may be made available to the consumer before the distance contract is concluded by electronic means in such a way that it can be easily read by the consumer. stored on a durable data carrier. If this is not reasonably possible, the place where the general terms and conditions can be consulted electronically shall be indicated before the distance contract is concluded and the general terms and conditions will be sent to the consumer free of charge by electronic or other means upon request.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision which is most favourable to him.
If at any time one or more provisions of these general terms and conditions should be wholly or partially null and void, or should be declared null and void, the remainder of the agreement and these general terms and conditions shall remain in force and the provision in question shall be replaced without delay, by mutual agreement, by a provision that comes as close as possible to the original.
Situations not covered by these Terms and Conditions shall be assessed 'in the spirit' of these Terms and Conditions.
Any uncertainty as to the interpretation or content of one or more provisions of our Terms and Conditions shall be interpreted 'in the spirit' of these Terms and Conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
The offer is not binding. The trader is entitled to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.
Images of products are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the real colours of the products.
Any offer must contain information that enables the consumer to understand the rights and obligations arising from acceptance of the offer. This concerns in particular
- the price, including taxes
- any delivery costs;
- the way in which the contract is concluded and the steps required to do so;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the contract;
- the period for acceptance of the offer or the period during which the trader guarantees the price;
- the amount of the tariff for distance communication, if the cost of using the technology for distance communication is calculated on a basis other than the regular basic tariff for the means of communication used;
- whether the contract is archived after its conclusion and, if so, where it can be consulted by the consumer;
- the way in which the consumer can check and, if necessary, rectify the data he has provided under the contract before concluding it;
- the languages, other than Dutch, in which the agreement may be concluded;
- the codes of conduct to which the trader has subscribed and the way in which the consumer can consult them electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The agreement
The contract is concluded, subject to the provisions of article 4, when the consumer accepts the offer and complies with the conditions laid down.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as this acceptance has not been confirmed by the trader, the consumer may withdraw from the contract.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transmission of data and to ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may, within the limits of the law, obtain information on the consumer's ability to meet his payment obligations and on all facts and factors relevant to the responsible conclusion of the distance contract. If, as a result of this investigation, the trader has good reasons for not concluding the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The trader shall provide the consumer with the following information, together with the product or service, in writing or in such a way that it can be easily stored by the consumer on a durable medium
- the address of the place of business of the trader to which the consumer may address complaints
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
- information on guarantees and after-sales services;
- the information referred to in Article 4(3) of these Conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
- the conditions for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
In the case of a transaction for an indefinite period, the provision of the previous paragraph shall apply only to the first delivery.
Each agreement is concluded subject to the condition precedent of sufficient availability of the products in question.
Article 6 - Right of withdrawal
For the delivery of products.
For the purchase of products, the consumer has the right to cancel the contract within 14 days without giving any reason. This cooling-off period begins on the day following receipt of the product by the consumer or a representative designated by the consumer and notified to the trader.
During the cooling-off period, the consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to decide whether he wishes to keep it. If the consumer chooses to exercise his right of withdrawal, he will return the product to the trader with all accessories supplied and, as far as reasonably possible, in its original condition and packaging, in accordance with the trader's reasonable and clear instructions.
If the consumer wishes to exercise his right of withdrawal, he must notify the trader within 14 days of receipt of the product. The consumer must make this notification using the standard form or another means of communication such as e-mail. Once the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of delivery.
If, on expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the sale shall be deemed to have taken place.
When providing services.
In the case of the provision of services, the consumer has the right to withdraw from the contract without giving any reason within a period of at least 14 days from the date on which the contract was concluded.
In order to exercise his right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest at the time of delivery.
Article 7 - Costs of withdrawal
If the consumer exercises his right of withdrawal, he shall bear at most the cost of returning the goods.
If the consumer has paid any amount, the trader will reimburse this amount as soon as possible and no later than 14 days after the withdrawal. This is subject to the condition that the product has already been returned to the trader or that conclusive proof of complete return can be provided. Refunds will be made by the same method of payment used by the consumer, unless the consumer expressly agrees to a different method of payment.
If the product is damaged as a result of the consumer's own careless handling, the consumer will be liable for any reduction in the value of the product.
The consumer cannot be held liable for the depreciation of the product if the trader has not provided all the legally required information on the right of withdrawal, which must be provided before the purchase contract is concluded.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products that have been
manufactured by the trader according to the consumer's specifications;
- which are clearly personal in nature;
- which, by their nature, cannot be returned;
- which may perish or age quickly;
- whose price is subject to fluctuations in the financial market over which the trader has no control;
- Individual newspapers and magazines;
- Audio and video recordings and computer software where the consumer has broken the seal;
- for hygiene products that have been unsealed by the consumer.
- for accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
- the provision of which has begun with the express consent of the consumer before the end of the cooling-off period;
- betting and lotteries.
Article 9 - Price
The prices indicated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing or typing errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and guarantee
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for reliability and/or usability and the legal provisions and/or government regulations in force at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee given by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the agreement.
The trader's warranty period is the same as the manufacturer's warranty period. However, the trader is never responsible for the final suitability of the products for each individual use by the consumer, nor for any advice given on the use or application of the products.
The guarantee does not apply if
- the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the entrepreneur's instructions and/or have been treated on the packaging;
- the defect is wholly or partly the result of regulations imposed or to be imposed by the State with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The trader will take the utmost care in accepting and executing orders for products and in evaluating requests for services.
The place of delivery will be the address provided by the consumer to the company.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after the order has been placed. In this case, the consumer has the right to cancel the contract free of charge. The consumer will not be entitled to any compensation.
All delivery times are approximate. The consumer may not derive any rights from the periods indicated. Failure to meet a deadline does not entitle the consumer to compensation.
In the event of dissolution as referred to in paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves to be impossible, the trader will make every effort to provide a replacement product. At the latest at the time of delivery, it will be clearly and understandably indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment shall be borne by the Company.
The risk of damage and/or loss of the products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.
Article 12 - Transactions for an indefinite period: duration, cancellation and renewal
Termination
The consumer may terminate a contract concluded for an indefinite period and relating to the periodic supply of products (including electricity) or services at any time, subject to the agreed terms of termination and a period of notice of not more than one month.
The consumer may terminate a contract concluded for a fixed period and covering the periodic supply of products (including electricity) or services at any time before the end of the fixed period, taking into account the agreed cancellation rules and giving at least one month's notice.
The consumer may terminate the contracts referred to in the previous paragraphs at any:
- at any time and not be limited to termination at a specific time or within a specific period
- at least in the same way as he entered into them
- always with the same period of notice that the trader has given himself.
Renewal
An agreement concluded for a fixed period and relating to the regular supply of goods (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Notwithstanding the previous paragraph, an agreement concluded for a fixed period and relating to the regular supply of daily and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer refuses to accept this renewed agreement. may terminate the renewal with a notice period of not more than one month.
A contract concluded for a fixed period and relating to the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer can terminate the contract at any time with a period of notice not exceeding one month, or three months if the contract relates to the regular supply of daily, weekly or monthly newspapers or magazines, but less frequently than once a month.
A fixed-term contract for the regular delivery of daily, daily news and weekly newspapers and periodicals for trial purposes (trial or introductory subscription) is not tacitly renewed and automatically terminates at the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a period of notice of not more than one month, unless it is unreasonable and unfair to terminate the agreement before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in article 6, paragraph 1. In the case of an agreement for the provision of a service, this period shall begin after the consumer has received confirmation of the agreement.
The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or indicated.
In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
It is always possible that something doesn't go as planned. We recommend that you first inform us of any complaints by sending an email to support@kareforall.com. If this does not resolve the issue, you can submit your dispute for mediation through WebwinkelKeur.
Consumers in the EU can also submit complaints via the European Commission's ODR platform, which can be found here. If your complaint is not being handled elsewhere, you are free to submit it via the EU platform.
Complaints about the execution of the agreement must be submitted to the trader in full and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint is likely to take longer to resolve, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises which is subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader states otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Agreements between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law. Even if the consumer resides abroad.
The Vienna Sales Convention is not applicable.
Article 16 - Additional or different provisions
Additional or different provisions to these general terms and conditions may not be to the detriment of the consumer and must be set down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.