Algemene voorwaarden | Kropka the world of stitches

GENERAL CONDITIONS Kropka the world of stitches

Definitions

Kropka the world of stitches: Kropka the world of stitches, established in Almere under Chamber of Commerce number 77147391.
Customer: the person with whom Kropka the world of stitches has entered into an agreement.
Parties: Kropka the world of stitches and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

These conditions apply to all quotations, offers, work, orders, agreements and deliveries or services or products by or on behalf of Kropka the world of stitches.
Parties can only deviate from these conditions if they have explicitly agreed in writing.
Parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

Prices

All prices used by Kropka the world of stitches are in euros, are inclusive of VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
All prices on which Kropka the world of stitches uses for its products or services, on its website or that are otherwise made known, can Kropka the world of stitches change at any time.
Increases in the cost prices of products or parts thereof, which Kropka the world could not foresee at the time of making the offer or the conclusion of the agreement, can lead to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
The price with regard to a service is determined by Kropka the world of stitches on the basis of the hours actually spent.
The price is calculated according to the usual hourly rates of Kropka the world of stitches, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
If the parties have agreed a total amount for services provided by Kropka the world of stitches, this is always a target price, unless the parties have explicitly agreed in writing a fixed price that cannot be deviated from.
Kropka the world of stitches is entitled to deviate up to 10% from the target price.
If the target price is more than 10% higher, Kropka the world of stitches must inform the customer in time why a higher price is justified.
If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
Kropka the world of stitches has the right to adjust prices annually.
Prior to its entry, Kropka the world of stitches will communicate price adjustments to the customer.
The consumer has the right to cancel the agreement with Kropka the world of stitches if he does not agree with the price increase.

Payments and payment term

Kropka the world of stitches may require a deposit up to 50% of the agreed amount upon entering into the agreement.
The customer must pay afterwards within 7 days after delivery of the product.
Payment terms are considered to be strict payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment period, he is legally in default and in default, without Kropka the world or stitchesde customer having to send a notice of default or having to declare it in default. .
Kropka the world of stitches reserves the right to make a delivery conditional on immediate payment or to demand a guarantee for the total amount of the services or products.

Consequences of not paying on time

If the customer does not pay within the agreed period, Kropka the world of stitches is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is charged for a whole month .
If the customer is in default, he will also owe extrajudicial collection costs and any compensation to Kropka the world of stitches.
The collection costs are calculated on the basis of the Reimbursement for Extrajudicial Collection Costs Decree.
If the customer does not pay on time, Kropka the world of stitches may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Kropka the world of stitches on the customer are immediately claimable.
If the customer refuses to cooperate with the execution of the agreement by Kropka the world of stitches, he is still obliged to pay the agreed price to Kropka the world of stitches.

Right of advertising

As soon as the customer is in default, Kropka the world of stitches is entitled to invoke the right to complain about the unpaid products delivered to the customer.
Kropka the world of stitches invokes the right of advertising by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right to complain, the customer must immediately return the products to which this right relates to Kropka the world of stitches, unless the parties make different arrangements.
The costs for the retrieval or delivery of the products are borne by the customer.

Right of withdrawal

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving a reason provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been tailor-made or modified especially for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
the product is not a trip, transport ticket, catering assignment or form of leisure activity
the product is not a separate magazine or newspaper
it does not concern an (order for) emergency repair
the consumer has not waived his right of withdrawal

The cooling-off period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product with a subscription
- once the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer can make his claim to the right of withdrawal known via info@kropka-twos.nl, if desired using the withdrawal form that can be downloaded via the website of Kropka the world of stitches, www.kropka-twos.nl.
The consumer is obliged to return the product to Kropka the world of stitches within 14 days of making his right of withdrawal known, failing which his right of withdrawal will expire.
The costs for returning will only be borne by Kropka the world of stitches if the complete order is returned.
If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, Kropka the world of stitches will refund these costs to the consumer within 14 days of receiving the timely recourse to the right of withdrawal. provided that the consumer has timely returned the product to Kropka the world of stitches.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

Kropka the world of stitches can invoke its right of retention and in that case retain products of the customer until the customer has settled all outstanding accounts with regard to Kropka the world of stitches, unless the customer has sufficient certainty for those costs has stated.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Kropka the world of stitches.
Kropka the world of stitches is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Kropka the world of stitches with a claim on Kropka the world of stitches.

Retention of title

Kropka the world of stitches remains the owner of all delivered products until the customer has fully met all his payment obligations with regard to Kropka the world of stitches on the basis of any agreement concluded with Kropka the world of stitches, including claims relating to the failure to comply.
Until then, Kropka the world of stitches can invoke its retention of title and take back the goods.
Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Kropka the world of stitches invokes its retention of title, the agreement is considered dissolved and Kropka the world of stitches has the right to claim damages, lost profit and interest.

Delivery

Delivery takes place while supplies last.
Delivery takes place at Kropka the world of stitches, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address specified by the customer.
If the agreed amounts are not paid or not paid on time, Kropka the world of stitches has the right to suspend its obligations until the agreed part is still paid.
Late payment means creditors' default, with the result that the customer cannot object to late delivery to Kropka the world of stitches.

Delivery time

The delivery times stated by Kropka the world of stitches are indicative and do not give the customer the right to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing.
The delivery time starts when the customer has fully completed the (electronic) order process and has received an (electronic confirmation) from Kropka the world of stitches.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Kropka the world cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

If the packaging of a delivered product is opened or damaged, then the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Kropka the world of stitches cannot be held liable held for any damage.
If the customer is responsible for transporting a product, he must report any visible damage to products or packaging prior to transport to Kropka the world of stitches, failing which Kropka the world of stitches cannot be held liable for any damage .

Insurance

The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage and theft:
- delivered goods that are necessary for the implementation of the underlying agreement
- matters of Kropka the world of stitches that are present at the customer
- goods delivered under retention of title
At the first request of Kropka the world of stitches, the customer gives the policy of these insurances for inspection.

Storage

If the customer orders products only after the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of early or late purchase of products are entirely at the expense of the customer.

Guarantee

When the parties have entered into an agreement with a service-oriented nature, this only contains best efforts obligations for Kropka the world of stitches, no result obligations.
The warranty with regard to products only applies to defects caused by inadequate manufacture, construction or material.
The guarantee does not apply in the case of normal wear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, and when the cause of the defect cannot be clearly established.
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 that they are legally and / or actually delivered, at least come into the power of the customer or by a third party who receives the product on behalf of the customer.

Exchanging

Exchanging is only possible if the following conditions are met:

Exchanging takes place within 14 days after purchase against presentation of the original invoice
the product is returned in the original packaging or with the original (price) tags attached
the product has not been used yet

Discounted items, non-durable items such as food, customized items or items specially customized for the customer and personalized products cannot be exchanged.

Implementation of the agreement

Kropka the world of stitches implements the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Kropka the world of stitches has the right to have the agreed services provided (in part) by third parties.
The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
It is the responsibility of the customer that Kropka the world of stitches can timely start the implementation of the agreement.
If the customer has not ensured that Kropka the world of stitches can timely start the implementation of the agreement, the resulting additional costs and / or extra hours will be borne by the customer.

Provision of information by the customer

The customer makes all information, data and documents that are relevant for the correct execution of the agreement available to Kropka the world of stitches on time and in the desired form and in the desired manner.
The customer is responsible for the accuracy, completeness and reliability of the information, data and documents made available, even if these originate from third parties, unless the nature of the agreement dictates otherwise.
If and insofar as the customer requests this, Kropka the world of stitches returns the relevant documents.
If the customer does not make the information, data or documents reasonably required by Kropka the world or stitchesreasonably or not timely and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be for the account of the customer. .

Duration of the agreement

If a fixed-term agreement has been entered into, it will be tacitly converted into a contract for an indefinite period of time, unless 1 of the parties cancels the agreement with due observance of a notice period of 2 months, or a consumer cancels the agreement with observing a cancellation period of 1 month, the agreement will end by operation of law.
If a period for the completion of certain activities has been agreed by the parties within the duration of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give Kropka the world of stitches written notice of default.

Intellectual property

Kropka the world of stitches retains all intellectual property rights (including copyright, patent law, trademark law, drawing and design law, etc.) on all designs, drawings, writings, media with data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
The customer may not copy the intellectual property rights mentioned above without prior written permission from Kropka the world or have stitches copied, shown to third parties and / or make them available or use them in another way.

Penalty clause

If the other party violates the article of these general terms and conditions about confidentiality or intellectual property, he forfeits an immediately due and payable penalty for every violation on behalf of the trade name.

if the other party is a consumer, this fine is € 1,000
if the other party is a legal person, this fine is € 5,000

In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
No prior notice of default or legal proceedings is required for the forfeiture of this fine. There is also no need for any form of damage.
Forfeiting the fine referred to in the first paragraph of this article does not affect the other rights of Kropka the world of stitches, including its right to claim damages in addition to the fine.

Disclaimer

The customer indemnifies Kropka the world of stitches against all claims from third parties that are related to the products and / or services supplied by Kropka the world of stitches.

Complaints

The customer must examine a product or service provided by Kropka the world of stitches as soon as possible for possible shortcomings.
If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Kropka the world or stitches thereof as soon as possible, but in any case within 1 month after finding the shortcomings. set.
Consumers must notify Kropka the world of stitches within 2 months at the latest after discovery of the shortcomings.
The customer thereby gives as detailed a description as possible of the shortcoming, so that Kropka the world of stitches is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any event result in Kropka the world of stitches being required to perform other work than agreed.

Notice of default

The customer must notify Kropka the world of stitches in writing of the notice of default.
It is the customer's responsibility that a notice of default actually reaches Kropka the world of stitches (in time).

Joint and several liability of the customer

If Kropka the world of stitches enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Kropka the world of stitches under that agreement.

Liability Kropka the world of stitches

Kropka the world of stitches is only liable for any damage that the customer suffers if and insofar as that damage was caused by intent or deliberate recklessness.
If Kropka the world of stitches is liable for any damage, it is only liable for direct damage resulting from or related to the implementation of an agreement.
Kropka the world of stitches is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Kropka the world of stitches is liable, this liability is limited to the amount that is paid out by a (professional) liability insurance policy concluded and in the absence of (full) payment of an amount by the insurance company, 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 only indicative and are approximate only and cannot give rise to compensation and / or (partial) termination of the agreement and / or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Kropka the world of stitches expires in any case 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.

Right to dissolution

The customer has the right to terminate the agreement if Kropka the world of stitches fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify the termination.
If the fulfillment of obligations by Kropka the world of stitches is not permanently or temporarily impossible, dissolution can only take place after Kropka the world of stitches is in default.
Kropka the world of stitches has the right to terminate the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Kropka the world of stitches has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.

Force of the majority

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Kropka the world of stitches in the fulfillment of any obligation vis-à-vis the customer cannot be attributed to Kropka the world of stitches in one of the wishes of Kropka the world of stitches independent situation, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of Kropka the world of stitches.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation arises that prevents Kropka the world of stitches from meeting one or more obligations to the customer, those obligations will be suspended until Kropka the world of stitches can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Kropka the world of stitches does not owe any (damage) compensation in a force majeure situation, even if it benefits from a situation of force majeure.

Change of terms and conditions

Kropka the world of stitches is entitled to change or supplement these terms and conditions.
Changes of minor importance can be made at any time.
Kropka the world of stitches will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Kropka the world of stitches.
This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.

Consequences of nullity or voidability

If one or more provisions of these general conditions are found to be void or voidable, this will not affect the other provisions of these conditions.
In that case, a provision that is void or voidable is replaced by a provision that comes closest to what Kropka the world of stitches had in mind when drafting the conditions at that point.

Applicable law and competent court

Only Dutch law applies to every agreement between parties.
The Dutch court in the district where Kropka has established the world of stitches / has its practice / has its office is exclusively competent to take cognizance of any disputes between parties, unless the law prescribes otherwise.

Images used on the website:

Needle and thread in the logo come from: <a href="http://www.freepik.com">Designed by Winkimages / Freepik</a>

Prepared on February 19, 2020.