General terms and conditions
General Terms and Conditions of 1213 Kumbayastreet B.V., located in Geertruidenberg, the Netherlands
Version valid from 04-07-2019
1.1 These general terms and conditions apply to all offers of 1213 Kumbayastreet B.V .. The terms and conditions are accessible to everyone and included on the internet site of 1213 Kumbayastreet B.V .. We will send you a written copy on request.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. 1213 Kumbayastreet B.V. reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not accepted by 1213 Kumbayastreet B.V. recognized.
1.4 1213 Kumbayastreet B.V. guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Within the framework of the rules of distance selling, 1213 Kumbayastreet B.V. fulfill orders within 30 days. If this is not possible (because the ordered is not in stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially, the consumer will receive within 1 month after placing the order and order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of 1213 Kumbayastreet B.V. will, subject to proof to the contrary, be paid as soon as the payment by 1213 Kumbayastreet B.V. delivered goods have been offered to the customer once. For home delivery, the carrier's report, alleging refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. View period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the customer has the right to return (part of) the delivered goods within a period of 7 working days without giving any reason. This period starts when the ordered items have been delivered. If, after this period has expired, the customer does not provide the goods delivered to 1213 Kumbayastreet B.V. has returned, the purchase is a fact. The customer is obliged, before proceeding to return, to notify 1213 Kumbayastreet BV in writing within the period of 7 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, 1213 Kumbayastreet B.V. make sure that within 30 days after receipt of the return shipment, the full purchase amount including the calculated shipping costs is refunded to the customer. The return of the delivered goods is entirely at the expense and risk of the customer.
4.2 The right to dissolution, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services, such as telephone subscriptions of the 1213 Kumbayastreet B.V. offered (mobile) network operators. On the latter services, whereby 1213 Kumbayastreet B.V. only acts as an intermediary or agent, the general terms and conditions of the said network operators will apply.
4.3 The right of withdrawal does not apply to:
- services of which the performance, with the consent of the consumer, has started for a period of seven working days
- goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence
- goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
- for goods or services that cannot be returned due to their nature, for example i.v.m. hygiene or that can spoil or age quickly
- audio and video recordings and computer software of which the consumer has broken the seal
- the delivery of newspapers and magazines; for the services of betting and lotteries
5. Data management
5.2 1213 Kumbayastreet B.V. respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 1213 Kumbayastreet B.V. in some cases uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.
6. Warranty and conformity
6.1 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.
6.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert towards the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance contract.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return it to 1213 Kumbayastreet BV) must immediately report these defects in writing to 1213 Kumbayastreet BV. Any defects or incorrectly delivered goods must and can be up to 2 months after delivery to 1213 Kumbayastreet BV must be reported in writing. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, voids this right to claim and return.
6.4 If complaints from the customer by 1213 Kumbayastreet B.V. found to be well-founded, 1213 Kumbayastreet B.V. at its option, whether to replace the delivered goods free of charge or to make a written arrangement with the customer about compensation, on the understanding that the liability of 1213 Kumbayastreet B.V. and if the amount of the compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the option of 1213 Kumbayastreet B.V.) to the maximum in the relevant case by the liability insurance of 1213 Kumbayastreet B.V. amount covered. Any liability of 1213 Kumbayastreet B.V. any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 1213 Kumbayastreet B.V. is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the customer is against 1213 Kumbayastreet B.V. is in default; B) the customer has repaired and / or processed the delivered goods himself or has them repaired / or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise handled carelessly or contrary to the instructions of 1213 Kumbayastreet B.V. and / or instructions for use on the packaging; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used;
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, 1213 Kumbayastreet B.V. reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
7.3 Verbal commitments bind 1213 Kumbayastreet B.V. only after they have been explicitly confirmed in writing.
7.4 Offers from 1213 Kumbayastreet B.V. do not automatically apply to repeat orders.
7.5 1213 Kumbayastreet B.V. cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between 1213 Kumbayastreet B.V. and a customer is established after an order order by 1213 Kumbayastreet B.V. has been assessed for feasibility.
8.2 1213 Kumbayastreet B.V. reserves the right, without giving reasons, not to accept orders or assignments or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings, etc .; including information on weights, dimensions, colors, images of labels, etc. on the internet site of 1213 Kumbayastreet B.V. are only approximate, are indicative and cannot give rise to compensation or dissolution of the agreement.
10. Force majeure
10.1 1213 Kumbayastreet B.V. is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of 1213 Kumbayastreet BV as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 1213 Kumbayastreet B.V. in the event of force majeure reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is 1213 Kumbayastreet B.V. obliged to pay any fine or compensation.
10.4 If 1213 Kumbayastreet B.V. on the commencement of the force majeure has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract . However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 1213 Kumbayastreet B.V. is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Retention of title
12.1 Ownership of all by 1213 Kumbayastreet B.V. goods sold and delivered to the customer remain with 1213 Kumbayastreet B.V. as long as the customer claims the claims of 1213 Kumbayastreet B.V. under the agreement or earlier or later similar agreements, as long as the customer has not yet paid the work performed or to be performed under this or similar agreements and as long as the customer has paid the claims of 1213 Kumbayastreet B.V. has not yet fulfilled such obligations due to failure to comply with such obligations, including claims with regard to fines, interest and costs, all this as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The 1213 Kumbayastreet B.V. Goods delivered that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge or encumber in any other way the goods falling under the retention of title.
12.4 The customer now gives unconditional and irrevocable consent to 1213 Kumbayastreet B.V. or one by 1213 Kumbayastreet B.V. third party to be appointed to, in all cases where 1213 Kumbayastreet B.V. wants to exercise its property rights, to enter all those places where its property will then be located and to take those goods there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to 1213 Kumbayastreet B.V. as soon as can be reasonably expected to be informed.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at 1213 Kumbayastreet B.V. on first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between 1213 Kumbayastreet B.V. and buyer, which cannot be resolved by mutual agreement, will be notified to the competent court within the district, unless 1213 Kumbayastreet B.V. prefers to submit the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the competence of the subdistrict court.