Index

Article 1   - Definitions 

Article 2   - Identity of the entrepreneur 

Article 3   - Applicability 

Article 4   - The offer 

Article 5   - The contract 

Article 6   - Right of withdrawal 

Article 7   - Costs in case of withdrawal 

Article 8   - Exclusion of right of withdrawal 

Article 9   - The price Article 

Article 10 - Conformity and guarantee 

Article 11 - Delivery and execution 

Article 12 - Duration transactions: duration, cancellation and extension 

Article 13 - Payment 

Article 14 - Complaints procedure 

Article 15 - Disputes 

Article 16 - Additional or deviating provisions

 

Article 1 - Definitions 

In these conditions: 

1.   Reflection period: the period within which the consumer can make use of his right of withdrawal; 

2.   Consumer: the natural person who does not act in the exercise of profession or business and

      enters into a distance contract with the entrepreneur; 

3.   Day: calendar day; 

4.   Transaction Duration: a distance contract relating to a series of products and / or services, the 

      supply and / or purchase obligation of which is spread over time; 

5.   Durable data carrier: any means that enables the consumer or trader to store information that is 

      addressed to him personally in a way that makes future consultation and unaltered reproduction of 

      the stored information possible. 

6.   Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within 

      the cooling-off period; 

7.   Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in 

      when he wants to make use of his right of withdrawal. 

8.   Entrepreneur: the natural or legal person that offers products and / or services to consumers at 

      distance; 

9.   Distance contract: an agreement whereby, within the framework of a system organized by the 

      entrepreneur for distance selling of products and / or services, up to and including the conclusion    

      of the agreement only one or more communication techniques are used. distance; 

10. Technique for distance communication: means that can be used for concluding an agreement, 

      without the consumer and trader being in the same room at the same time. 

11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Kings & Queens v.o.f.

Stationsplein 1

6041 GN Roermond, Netherlands

Tel.nr.: +31 (0)475 - 858193 

Email address: info@kings-queens.nl (available from 9 am to 8 pm Monday to Sunday)

Chamber of Commerce-number: 20116093

VAT-identificaton number: NL813426066B01

 

 

Article 3 - Applicability

1.     These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they can be sent free of charge as soon as possible at the request of the consumer.

3.     If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can be easily stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.

4.     In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is applicable to him.

5.     If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation concerned will be replaced by a stipulation that the scope of the original approached as much as possible.

6.     Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

7.     Lack of clarity about the explanation or content of one or more provisions of our terms and conditions, should be explained 'in the spirit' of these general conditions.

 

Article 4 - The offer

1.    If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.

2.    The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

3.    The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4.    All images, specifications and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement.

5.    Images for products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.

6.    Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: 

          o the price including taxes; 

          o the possible costs of shipping; 

          o the manner in which the agreement will be concluded and which actions are necessary for 

             this; 

          o whether or not to apply the right of withdrawal; 

          o the method of payment, delivery and execution of the agreement; 

          o the period for accepting the offer or the period within which the entrepreneur guarantees 

             the price; 

               o the level of the tariff for distance communication if the costs of using the technique for 

                  distance communication are calculated on a basis other than the regular basic tariff for the 

                  communication 

                  medium used; 

               o whether the agreement is filed after the conclusion, and if so, how this can be consulted 

                  for the consumer; 

               o the way in which the consumer, prior to the conclusion of the agreement, can check the 

                  data provided by him under the agreement and repair them if necessary; 

               o any other languages ​​in which, in addition to Dutch, the agreement can be concluded;                      

               o the codes of conduct to which the trader is subject and the way in which the consumer 

                  can consult these codes of conduct electronically.

Article 5 - The contract

1.    Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

2.    If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.

3.    If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4.  The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well asall those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.

5.  With the product or service the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a.  the visiting address of the business location of the entrepreneur where the consumer can go with 

complaints;

b.  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;

               c.    the information about guarantees and existing service after purchase;

               d.    the information included in article 4 paragraph 3 of these conditions, unless the   

                      entrepreneur has already provided this information to the consumer before the 

                      execution of the agreement;

    e.    the requirements for terminating the agreement if the agreement has a duration of more

           than one year or is indefinite.

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

7.  Each agreement is concluded under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

1.     When purchasing products, the consumer has the option to terminate the contract without giving reasons for 7 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.

2.     During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3.     If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 7 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

4.     If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the sale is a fact.

 

Article 7 - Costs in case of withdrawal

1.     If the consumer exercises his right of withdrawal, only the costs of returning the goods can be charged to the consumer.

2.     If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted.

 

Article 8 - Exclusion of right of withdrawal

1.     The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

2.     Exclusion of the right of withdrawal is only possible for products: 

a.     that have been created by the entrepreneur in accordance with the specifications of the 

                      consumer; 

         b.    that are clearly personal in nature; 

         c.    which can not be returned due to their nature; 

         d.    that can spoil or age quickly;

 

Article 9 - The price

1.     During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.

2.     Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.

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

4.     Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and: 

         a. they are the result of statutory regulations or stipulations; or 

         b. the consumer has the authority to terminate the agreement with effect from the day on 

             which the price increase takes effect.

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

6.     All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

 

Article 10 - Conformity and Guarantee

1.     The entrepreneur warrants 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 legal rights existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2.     A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

3.     Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.

4.     The warranty period of the entrepreneur corresponds with the manufacturer's guarantee period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5.     The guarantee does not apply if: 

         o The consumer has repaired and / or processed the delivered products himself or has them 

            repaired and / or processed by third parties; 

         o The delivered products are exposed to abnormal circumstances or otherwise careless 

            handling or are treated contrary to the instructions of the entrepreneur and / or the packaging; 

         o The inadequacy in whole or in part is the result of regulations that the government has 

            made or will make regarding the nature or the quality of the materials used.

 

Article 11 - Delivery and execution

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

2.     The place of delivery is the address that the consumer has made known to the company.

3.     With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.

4.     All delivery dates are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.

5.     In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.

6.     If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.

7.     The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Payment

        Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days  

       after the cooling-off period as referred to in article 6 paragraph 1 commences. The consumer has 

       the duty to report inaccuracies in provided or stated payment details to the entrepreneur without 

       delay. In the event of default by the consumer, the entrepreneur has the right, subject to legal 

       restrictions, to charge the reasonable costs made known to the consumer beforehand.

 

Article 13 - Complaints procedure

1.     The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2.     Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.

3.     Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4.     If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.

5.     Complaints that can not be resolved by mutual agreement, the consumer must turn to Stichting GeschilOnline, the decision of this is binding and both entrepreneur and consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee.

6.     A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

7.     If a complaint is found to be well-founded by the trader, the trader will replace or repair the products at its option or the delivered products are free of charge.

 

Article 14 - Disputes

       Contracts between the entrepreneur and the consumer to which these general terms and 

       conditions apply are governed exclusively by Dutch law even if the consumer lives 

       abroad.       

       The Vienna Sales Convention does not apply.