General terms and conditions

General Terms and Conditions Koopjesvoorjou.nl

E-mail: info@koopjesvoorjou.nl
Website: www.koopjesvoorjou.nl

Article 1 - Definitions

Koopjesvoorjou.nl: located in Zaandam, Chamber of Commerce number 92581994.
Customer: the person with whom Koopjesvoorjou.nl has entered into an agreement.
Parties: Koopjesvoorjou.nl and Customer together.
Consumer: a Customer who is also an individual and acts as a private person.

Article 2 - Applicability

These terms apply to all quotes, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Koopjesvoorjou.nl.
Koopjesvoorjou.nl and the Customer can only deviate from these terms if this has been agreed upon in writing.
Koopjesvoorjou.nl and the Customer explicitly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 – Prices

Koopjesvoorjou.nl uses prices in euros, including VAT and excluding any additional costs such as administration or shipping costs, unless otherwise agreed in writing.
Koopjesvoorjou.nl may always change the prices of its services and products on its website and in other communications.
Increases in the cost prices of products or parts thereof, which Koopjesvoorjou.nl could not foresee at the time of making the offer or the conclusion of the agreement, may lead to price increases.
The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a legal regulation.

Article 4 - Samples and models

When the Customer has received a sample or model of a product, they cannot derive any other rights from it than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and Payment Term

Koopjesvoorjou.nl may require a deposit of up to 50% of the agreed amount when entering into the agreement.
The Customer must have made a payment within 1 day after delivery.
The payment terms that Koopjesvoorjou.nl applies are fatal payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default and in breach, without Koopjesvoorjou.nl needing to send a reminder or declare the Customer in default.
Koopjesvoorjou.nl may make a delivery conditional on immediate payment or require a guarantee for the total amount of the services or products.

Article 6 - Right of advertising

When the Customer is in default, Koopjesvoorjou.nl may invoke the right of reclamation regarding the unpaid products delivered to the Customer.
Koopjesvoorjou.nl exercises its right of advertising by means of a written or electronic communication to the Customer.
As soon as the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Koopjesvoorjou.nl, unless otherwise agreed in writing.
The Customer pays the costs for retrieving or returning the products in section 3.

Article 7 - Right of Withdrawal

A consumer may cancel an online purchase within 30 days of purchase without giving a reason. This right of withdrawal does not apply when:

the product is used
it is a product that can spoil quickly, such as food or flowers
it is a product that is specially made or adapted for the consumer
it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
the seal is not intact, when it comes to data carriers with digital content, such as DVDs or CDs
the product or service concerns accommodation, a trip, a restaurant business, transportation, a catering assignment, or a form of leisure activity
the product is a loose magazine or loose newspaper
the consumer has waived his right of withdrawal

The 30-day reflection period in paragraph 1 begins:

on the day after the consumer has received the last product or part from 1 order
as soon as the consumer has confirmed that he will purchase digital content via the internet

The consumer can exercise their reflection period by sending an email with that subject to info@koopjesvoorjou.nl, possibly using the withdrawal form available on the website of Koopjesvoorjou.nl, www.mijn.koopjesvoorjou.nl.
The consumer must return the product to Koopjesvoorjou.nl within 30 days after notifying their right of withdrawal, failing which their right of withdrawal will expire.
Returning costs the Customer €9.99 per product

Article 8 - Reimbursement of return costs

If the consumer exercises their right of withdrawal and returns the entire order on time, the Customer will bear the costs for this. These amount to €9.99 per returned product.

Article 9 - Right of Retention

Koopjesvoorjou.nl may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices from Koopjesvoorjou.nl, unless the Customer has provided sufficient security for those costs.
The right of retention also applies based on previous agreements under which the Customer still owes money to Koopjesvoorjou.nl.
Koopjesvoorjou.nl is not liable for any damage suffered by the Customer due to the use of his right of retention.

Article 10 - Retention of Title

Koopjesvoorjou.nl remains the owner of all delivered products until the Customer has paid all outstanding invoices from Koopjesvoorjou.nl related to an underlying agreement, including claims due to non-compliance.
Until that time in paragraph 1, Koopjesvoorjou.nl can exercise its retention of title and take back the goods.
Before ownership has been transferred to the Customer, the Customer may not pledge, sell, alienate, or otherwise encumber the products.
When Koopjesvoorjou.nl invokes its retention of title, the agreement is annulled, and Koopjesvoorjou.nl may claim compensation from the Customer for damages, lost profits, and interest.

Article 11 - Delivery

Delivery takes place while stocks last.
Delivery takes place at Koopjesvoorjou.nl, unless otherwise agreed.
Delivery of online ordered products takes place at the address indicated by the Customer.
When the Customer does not pay the agreed amounts or does not pay on time, Koopjesvoorjou.nl may suspend its obligations until the Customer pays.
In case of late payment, there is a case of creditor default, which means the Customer cannot invoke a delayed delivery against Koopjesvoorjou.nl.

Article 12 - Delivery Time

The delivery times of Koopjesvoorjou.nl are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
The delivery time starts when the Customer has completed the ordering process and has received a confirmation from Koopjesvoorjou.nl.
The Customer is not entitled to compensation and may not cancel the agreement if Koopjesvoorjou.nl delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if Koopjesvoorjou.nl cannot deliver within 14 days after being formally requested in writing, or if the Customer and Koopjesvoorjou.nl have agreed otherwise.

Article 13 - Actual Delivery

The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 14 - Transport Costs

The Customer pays the transportation costs, unless the Customer and Koopjesvoorjou.nl have agreed otherwise in writing.

Article 15 - Packaging and Shipping

When the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer does not do this, they cannot hold Koopjesvoorjou.nl liable for any damage.
When the Customer arranges the transport of a product themselves, they must report any visible damage to products or packaging to Koopjesvoorjou.nl prior to transport. If the Customer fails to do this, they cannot hold Koopjesvoorjou.nl liable for any damage.

Article 16 - Custody

When the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any potential loss of quality is entirely for the Customer.
Any additional costs resulting from early or late acceptance of products shall be entirely borne by the Customer.

Article 17 - Warranty

The warranty on products only applies to defects caused by faulty manufacturing or construction or defective materials.
The warranty does not apply:
- in the case of normal wear and tear
- for damage caused by accidents
- for damage caused by modifications made to the product
- for damage caused by negligence or improper use by the Customer
- 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 moment they are legally and/or factually delivered, or at least come into the possession of the Customer or a third party who receives the product on behalf of the Customer.

Article 18 - Exchange

The Customer may exchange a purchased item. The following conditions apply:

exchanges take place within 30 days after purchase, during which the Customer can show the original invoice
the product is returned in the original packaging and with the attached original price tag
the product has not been used yet

Discounted items, perishable products, custom-made items, or items specially tailored for the Customer cannot be exchanged.

Article 19 - Indemnity

The Customer indemnifies Koopjesvoorjou.nl against all claims from others related to the products and/or services provided by Koopjesvoorjou.nl.

Article 20 - Complaints

The Customer must examine a product supplied by Koopjesvoorjou.nl or a service provided as soon as possible for any shortcomings.
If a delivered product or provided service does not meet what the Customer could reasonably expect, the Customer must notify Koopjesvoorjou.nl of this within 1 month after identifying the shortcoming.
A consumer must notify Koopjesvoorjou.nl of the shortcoming no later than 2 months after it has been established.
The Customer provides as detailed a description of the shortcoming as possible, so that Koopjesvoorjou.nl can respond appropriately.
The Customer must demonstrate that the complaint relates to an agreement between the Customer and Koopjesvoorjou.nl.
When a complaint concerns ongoing work, the Customer cannot demand that Koopjesvoorjou.nl performs other work than what has been agreed.

Article 21 - Default Notice

The Customer must notify Koopjesvoorjou.nl of any default in writing.
The Customer is responsible for ensuring that their notice of default reaches Koopjesvoorjou.nl on time.

Article 22 - Customer Liability

When Koopjesvoorjou.nl enters into an agreement with multiple Customers, each of them is jointly liable for fulfilling the terms of that agreement.

Article 23 - Liability Koopjesvoorjou.nl

Koopjesvoorjou.nl is only liable for damages suffered by the Customer when such damages are caused by intent or conscious recklessness.
When Koopjesvoorjou.nl is liable for damages, it only applies to direct damages related to the execution of an underlying agreement.
Koopjesvoorjou.nl is not liable for indirect damage, such as consequential damage, lost profits, or damage to third parties.
When Koopjesvoorjou.nl is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance. If no insurance has been taken out or no damage amount is paid out, then the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are for indicative purposes only and cannot lead to any compensation, dissolution, or suspension.

Article 24 - Limitation Period

The Customer's right to compensation from Koopjesvoorjou.nl expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 25 - Dissolution

The Customer may rescind the agreement when Koopjesvoorjou.nl is in default of its obligations, unless this default does not justify the dissolution due to its particular nature or minor significance.
If the fulfillment of the obligations by Koopjesvoorjou.nl is still possible, then dissolution can only take place after Koopjesvoorjou.nl is in default.
Koopjesvoorjou.nl may cancel the agreement with the Customer when the Customer does not fully or timely fulfill his obligations under the agreement, or when Koopjesvoorjou.nl becomes aware of circumstances that give it good reason to believe that the Customer will not fulfill his obligations.

Article 26 - Force Majeure

In addition to article 6:75 of the Civil Code, it applies that a shortcoming of Koopjesvoorjou.nl cannot be attributed to Koopjesvoorjou.nl by the Customer when there is a case of force majeure.
Under the force majeure situation in paragraph 1, the following also falls under it:
- a state of emergency such as a civil war or natural disaster
- non-performance or force majeure by suppliers, deliverers, or others
- power, electricity, internet, computer, or telecom disruptions
- computervirussen
- strikes
- government measures
- transportation problems
- bad weather conditions
- work interruptions
In the event of a force majeure situation that prevents Koopjesvoorjou.nl from fulfilling one or more obligations to the Customer, those obligations will be suspended until Koopjesvoorjou.nl is able to fulfill them.
From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and Koopjesvoorjou.nl may cancel the agreement in whole or in part in writing.
Koopjesvoorjou.nl is not required to pay any compensation to the Customer in a case of force majeure, even if Koopjesvoorjou.nl benefits from it.

Article 27 - Amendment of Agreement

When it is necessary to amend a closed agreement for its execution, the Customer and Koopjesvoorjou.nl can adjust the agreement.

Article 28 - Amendment of general terms and conditions

Koopjesvoorjou.nl may change these general terms and conditions.
Koopjesvoorjou.nl may always implement changes of minor importance.
Koopjesvoorjou.nl will discuss significant changes with the Customer as much as possible in advance.
A consumer may terminate the underlying agreement in the event of a significant change to the general terms and conditions.

Article 29 - Transfer of Rights

The Customer cannot transfer rights from an agreement with Koopjesvoorjou.nl to others without written permission from Koopjesvoorjou.nl.
This provision applies as a condition with property law effect as stated in Article 3:83 paragraph 2 of the Civil Code.

Article 30 - Consequences of Nullity or Annulability

If one or more provisions of these general terms and conditions are found to be null and void or voidable, this shall not affect the other provisions of these terms.
A provision that is null or voidable will in that case be replaced by a provision that comes closest to what Koopjesvoorjou.nl had in mind when drafting the terms on that point.

Article 31 - Applicable law and competent court

Dutch law applies to these general terms and any underlying agreement between the Customer and Koopjesvoorjou.nl.
The court in the district of the registered office of Koopjesvoorjou.nl is exclusively competent to hear any disputes between the Customer and Koopjesvoorjou.nl, unless the law provides otherwise.

Drawn up on February 1, 2024.