Terms and conditions

In these terms and conditions, the following definitions apply:

Ancillary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;

Day: calendar day;

Durable medium: any means, including email, that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose of the information, and that allows the stored information to be reproduced unchanged;

Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, where exclusive or partial use is made of one or more means of distance communication up to and including the conclusion of the contract;

Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not need to be provided if the consumer has no right of withdrawal for their order;

Means of distance communication: a means that can be used to conclude a contract without the consumer and trader having to be in the same room at the same time.

Name of the trader: Kastvanklaas

Trading under the name(s):

– Kastvanklaas

Business address:

Kaasmarkt 3 2312HZ Leiden, the Netherlands

Telephone number: +31 6 26378480

Availability:

Monday to Sunday from 12:00 to 18:00

Email address: klaas@kastvanklaas.nl

KvK number (Dutch Chamber of Commerce): 28093664

VAT number: –

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.

4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer can always rely on the applicable provision that is most favourable to them.

1. If an offer has a limited period of validity or is made subject to conditions, this will be stated explicitly in the offer.

2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is detailed enough to allow the consumer to assess the offer properly. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set for it.

2. If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as the trader has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this.

4. Within the legal framework, the trader may find out whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the agreement, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.

5. At the latest on delivery of the product, service or digital content, the trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

a. the visiting address of the trader's establishment where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

c. information about guarantees and existing after-sales service;

d. the price including all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

For products:

1. The consumer can dissolve an agreement for the purchase of a product during a cooling-off period of 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).

2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order for several products with different delivery times.

b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

c. for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to in a shop.

2. The consumer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted in paragraph 1.

3. The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or when concluding the agreement.

1. If the consumer exercises their right of withdrawal, they will notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous way.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to the trader (or a person authorised by the trader). This is not necessary if the trader has offered to collect the product. In any case, the consumer has observed the return period if they return the product before the cooling-off period has expired.

3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return.

6. If the consumer withdraws after first having explicitly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity should begin during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation that the trader has fulfilled at the time of withdrawal, compared with full performance of the obligation.

7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs on withdrawal or the model withdrawal form, or;

b. the consumer has not explicitly requested that the performance of the service or the supply of gas, water, electricity or district heating should begin during the cooling-off period.

8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:

a. prior to its supply, they have not explicitly agreed to performance of the agreement beginning before the end of the cooling-off period;

b. they have not acknowledged that they lose their right of withdrawal when giving their consent; or

c. the trader has failed to confirm this statement by the consumer.

9. If the consumer exercises their right of withdrawal, all ancillary agreements are dissolved by operation of law.

1. If the trader makes it possible for the consumer to give notice of withdrawal electronically, the trader will send an acknowledgement of receipt without delay after receiving this notice.

2. The trader will refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may wait to make the refund until they have received the product or until the consumer shows that they have returned the product, whichever is earlier.

3. The trader will use the same means of payment that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded:

1. Products or services whose price depends on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period

2. Agreements concluded during a public auction. A public auction is a method of sale in which products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;

3. Service agreements, after full performance of the service, but only if:

a. performance has begun with the consumer's explicit prior consent; and

b. the consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the agreement;

4. Package travel as referred to in Article 7:500 of the Dutch Civil Code (BW) and agreements for passenger transport;

5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance, other than for residential purposes, goods transport, car rental services and catering;

6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;

7. Products made to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

10. Products that, by their nature, are irreversibly mixed with other products after delivery;

11. Alcoholic beverages whose price was agreed when the agreement was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;

12. Sealed audio and video recordings and computer software whose seal has been broken after delivery;

13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;

14. The supply of digital content other than on a tangible medium, but only if:

a. performance has begun with the consumer's explicit prior consent; and

b. the consumer has declared that they thereby lose their right of withdrawal.

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market and over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are guide prices will be mentioned in the offer.

3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

a. they result from statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.

2. An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfil its part of the agreement.

3. An additional guarantee means any commitment by the trader, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do if it has failed to fulfil its part of the agreement.

1. The trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has given to the trader.

3. With due observance of what is stated on this subject in Article 4 of these general terms and conditions, the trader will execute accepted orders promptly, but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partly executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

4. After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.

5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless explicitly agreed otherwise.

1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.

2. When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.

3. The consumer has a duty to report inaccuracies in payment details provided or stated to the trader without delay.

4. If the consumer does not meet their payment obligation(s) on time, then, after the trader has pointed out the late payment and has given the consumer a period of 14 days to meet their payment obligations after all, and payment is not made within this 14-day period, the consumer owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the following €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in the consumer's favour.

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

2. Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint foreseeably requires a longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

4. The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is eligible for the dispute settlement procedure.

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Provisions that are additional to or deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.