TERMS AND CONDITIONS

General terms and conditions of sale and delivery of Kras V.O.F..

Article 1. GENERAL

1.1. These terms and conditions apply to all offers and agreements for the purchase/sale of goods and/or orders and services of Kras V.O.F..

1.2. Additions or deviations from these terms and conditions must be agreed in writing and only apply to the agreement for which they were made.

1.3. The rights and obligations arising from agreements between Kras V.O.F. and the other party cannot be transferred by the other party to third parties, unless with written permission from Kras V.O.F..

1.4. General terms and conditions to the contrary, including those of the other party, will be accepted by Kras V.O.F. not accepted, unless otherwise agreed in writing and by Kras V.O.F. is attached.

Article 2. OFFERS

2.1. All offers are without obligation and are valid while stocks last. An offer containing a term can be accepted by Kras V.O.F. nevertheless be revoked, even after receipt of the order, provided that within 5 working days after receipt of that order.

2.2. The quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), quotations and other documents are for informational purposes only. Although the most important characteristics of products are reproduced as accurately as possible, they have the character of an approximate indication and bind Kras V.O.F. not.

Article 3. AGREEMENTS

3.1. An agreement is only deemed to be legally valid after Kras V.O.F. has confirmed the order in writing. The content of the agreement is determined by the quotation and/or order confirmation from Kras V.O.F. and these terms and conditions.

3.2. If - after the order has been issued - an additional order is submitted, the originally agreed delivery time will lapse.

3.3. The other party and Kras V.O.F. expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions set out in Articles 3.1 and 3.2 have been met. In particular, the absence of a signature does not affect the binding force of the offer and its acceptance.

3.4. There is no order minimum. Shipping costs are paid by Kras V.O.F. passed on to the customer.

3.5 Goodies (any free products that Kras V.O.F. can send with the order) cannot be exchanged or exchanged for money or shop credit.

Article 4. PRICES

4.1. All quotations and the prices that Kras V.O.F. are stated in euros and include VAT and other costs falling under the agreement, such as levies.

4.2. Delivery costs are not included in the price, unless stated otherwise.

4.3. If, after the agreement has been concluded, the prices of materials, taxes and/or other factors that also determine the price of the goods change, Kras V.O.F. entitled to implement these price changes. Price changes of more than 10% give the other party the right to dissolve the relevant agreement, provided this is done in writing and within seven days of receipt of the relevant notification. A dissolution as aforesaid does not entitle the other party to compensation for any damage.

Article 5. PAYMENT

5.1. For orders via the website, payment can be made using the payment options listed on the site. When paying using a credit card or electronic payment method issued by a third party, the terms and conditions of the relevant card issuer or bank apply. Payment by means of invoices is only possible if expressly agreed and then takes place within 14 days of the invoice date.

5.2. The other party is in default after expiry of the payment term referred to in paragraph 1 of this article, without a notice of default being required, regardless of whether or not the exceeding thereof can be attributed to the other party.

5.3. Without prejudice to its further rights, Kras V.O.F. then authorized to calculate the statutory (commercial) interest on the outstanding amount, to be calculated from the relevant due date.

5.4. All by Kras V.O.F. extrajudicial and judicial costs incurred in the context of a dispute with the other party, both the claimant and the defendant, are for the account of the other party.

5.5. Incoming payments serve to settle the oldest outstanding items, including interest and costs, even if the other party declares otherwise in this regard.

Article 6. COOLING OFF PERIOD AND WITHDRAWAL

General

6.1. In this article, the following terms mean the following:

Consumer: Other party who is a natural person who acts for purposes that fall outside his business or professional activity.

Cooling off period: the period within which the Consumer may invoke the right of withdrawal.

Right of withdrawal: the right to dissolve the distance contract within the Cooling Off Period in accordance with this article 6.

Distance contract: the agreement between Kras V.O.F. and the Consumer who is closed within the framework of an organized system for distance sales or services without the simultaneous personal presence of Kras V.O.F. and Consumer and whereby, up to and including the moment of conclusion of the agreement, only one or more means of distance communication is used.

6.2. The Consumer can revoke a Distance Agreement concluded by him without stating reasons until a period of 30 days (the Cooling Off Period) has expired. Non-consumers are excluded from this right. The burden of proof for the correct and timely exercise of this right rests on the Consumer.

 6.3. The Cooling Off Period referred to in Article 6.1 commences:

– the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the item; or:

– the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the last item, if the Consumer has ordered several items in the same order that are delivered separately; or:

– the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the last consignment or the last part if the delivery of an item consists of several consignments or parts; or

– the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the first item for an agreement that extends to the regular delivery of items during a certain period.

Invoking the right of withdrawal

6.4. The Consumer can invoke the Right of Withdrawal by submitting a withdrawal form to Kras V.O.F. before the end of the Cooling Off Period. or in another unambiguous way, for example via info@Kras V.O.F..nl. Kras V.O.F. can ask for the reason for withdrawal, but it is not obligatory to answer this. In the event of withdrawal, the Consumer must state the relevant order number and the relevant products. The Consumer can also invoke the right of withdrawal before the product has been received.

6.5 Kras V.O.F. sends an acknowledgment of receipt immediately upon receipt of this notification.

6.6 The Consumer is obliged to handle the product with care during the Cooling Off Period. The Consumer may view and fit the product, but not use it. It must be returned undamaged, sealed, complete and if reasonably possible in the original packaging.

6.7. The Consumer is only liable for depreciation of the product that is the result of treatment of the product that went beyond what is necessary to determine its nature, characteristics and functioning.

6.8 Unless Kras V.O.F. has offered to collect the goods delivered on the basis of the terminated agreement, the Consumer shall immediately return the goods received by him or hand them over to Kras V.O.F. or to a person whom Kras V.O.F. is authorized to receive the goods.

6.9 The Consumer bears the direct costs of returning the item, unless Kras V.O.F. has failed to inform the Consumer that he must bear these costs.

6.10 If a complete order is returned, any goodies supplied must also be returned. If these are not returned, they can be charged.

Refund with Right of Withdrawal

6.11 Kras V.O.F. will reimburse all payments received from the Consumer pursuant to the terminated agreement, including delivery costs, immediately after dissolution in accordance with article 6.2, but at the latest within 14 (fourteen) days after the day of receipt of the declaration of dissolution. Kras V.O.F. uses the same payment method as used by the Consumer, unless the Consumer has expressly agreed to another payment method and on the understanding that the Consumer may not incur any costs as a result. Without prejudice to the foregoing, Kras V.O.F. is not obliged to repay the additional costs, if the Consumer expressly uses a method other than the one specified by Kras V.O.F. has chosen the least expensive standard delivery method offered. Unless Kras V.O.F. has offered to collect the goods delivered on the basis of the dissolved agreement, Kras V.O.F. postpone repayment until the goods have been received or the Consumer has demonstrated that he has returned the goods, whichever comes first.

6.12. In the event of cancellation by non-consumers, all Kras V.O.F. costs incurred with regard to the order or assignment as well as the lost profit are immediately due and payable, with a minimum of 10% of the principal sum, all to be increased as far as necessary by any possible costs incurred by Kras V.O.F. damage suffered as a result of the cancellation.

6.13. Kras V.O.F. is authorized to pass on the shipping costs.

Excluded from Right of Withdrawal

6.14 A right of withdrawal does not apply to:

an agreement to provide services, after fulfillment of the agreement, if:

1°. the fulfillment has started with the express prior consent of the Consumer; and

2°. the Consumer has declared to waive his right of dissolution as soon as Kras V.O.F. the agreement has been fulfilled;

a sale concerning:

1°. the delivery of items manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;

2°. the delivery of items that spoil quickly or that have a limited shelf life;

3°. the delivery of items that are irrevocably mixed with other items after delivery due to their nature;

the delivery of digital content that has not been delivered on a tangible medium, insofar as the fulfillment has started with the express prior consent of the Consumer and the Consumer has declared that he thereby waives his right of termination.

Article 7. DELIVERY TIME, DELIVERY, RISK

7.1. In principle, Kras V.O.F. We aim to ship orders placed before 4:00 PM on a business day that same day. The delivery term stated or agreed upon in the offer and/or the order confirmation does not count as a strict deadline and is only indicated by approximation, not even if it has been expressly accepted by the other party.

7.2. In the event that the other party is not found at home at the time of delivery, the goods will be offered again the next day. In both cases, a note will be left stating that the delivery can be picked up at the collection point. When a package is refused at the door or is not picked up, it will be sent one more time in consultation with the customer. If this package is again refused or is not collected, we will charge the return costs to the other party.

7.3. Different conditions may apply for deliveries abroad.

7.4. The stated or agreed delivery period is in any case, but not limited to, automatically extended by the period(s) during which:

– there is a delay in the manufacture and/or shipment and/or any other circumstance that temporarily prevents the execution, regardless of whether this Kras V.O.F. can be attributed;

– the other party in one or more obligations towards Kras V.O.F. fails or there is a well-founded fear that he will fail to do so, whether the reasons for doing so are justified or not;

– counterparty Kras V.O.F. does not enable the performance of the agreement; this situation arises, among other things, if the other party fails to communicate the place of delivery.

 7.5. The other party must submit the information provided to Kras V.O.F. accept and check purchased goods (see warranty). If these goods are refused by the other party or if delivery turns out to be impossible, the goods can be delivered by Kras V.O.F. are stored, such at the expense and risk of the other party. The costs for storage are at the expense of the other party. Kras V.O.F. will fulfill the claim but reserves the right to dissolve the agreement without judicial intervention, without prejudice to the right of Kras V.O.F. on compensation.

Article 8. PERFORMANCE OF THE AGREEMENT

8.1. Kras V.O.F. will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

8.2. Kras V.O.F. is entitled, without the consent of the other party, to outsource the agreement or parts thereof to third parties who are not employed by Kras V.O.F.. Kras V.O.F. is furthermore entitled, without the consent of the other party, to transfer the agreement in whole or in part to another party.

8.3. The other party ensures that all data, of which Kras V.O.F. indicates that these are necessary or of which the other party should reasonably understand that they are necessary for the execution of the agreement, timely to Kras V.O.F. are provided. If the information required for the execution of the agreement is not provided to Kras V.O.F. have been provided, Kras V.O.F. the right to suspend the execution of the agreement.

Article 9. WARRANTY

9.1. Kras V.O.F. guarantees that the goods are in accordance with the specifications stated in the offer and that they are in accordance with reasonable requirements of reliability and/or usability. Only if this has been specifically agreed with Kras V.O.F., Kras V.O.F. ensures that the items are suitable for use other than normal.

9.2. If a product is unusable due to damage during shipment, or if it does not correspond to what was ordered, the other party has the option of returning this product in a timely manner.

9.3. Before using the delivered products, the other party is obliged to read and follow the information and advice provided by the manufacturer accompanying the products.

9.4. We follow the law. This differs for Consumers and not Consumers. Warranty is in any case not offered if:

– the delivered goods show one or more imperfections or deviations that fall within a reasonable tolerance;

– the items have been used for a purpose other than that for which they are normally intended or in the opinion of Kras V.O.F. have been used, stored or transported in an injudicious manner,

– the damage is caused by the negligence of the other party or because the other party has acted contrary to instructions, directions and advice from Kras V.O.F..;

– the other party does not fulfill its obligations towards Kras V.O.F. (both financially and otherwise).

9.5. If the other party, with due observance of the provisions of the relevant agreement and these general terms and conditions, invokes the warranty in writing within 5 days of receipt, and for Consumers within 6 months of purchase, and this appeal by Kras V.O.F. is found to be well-founded, Kras V.O.F. at its discretion, replace the defective goods (or parts thereof) free of charge (after which the replaced goods become its property) or grant a price reduction.

9.6. The handling of a warranty claim does not suspend the payment obligation of the other party.

9.7. If attention is paid to a complaint outside the cases described above, this is done without obligation and the other party cannot derive any rights from this.

Article 10. INSPECTION

The items are handled by Kras V.O.F. before delivery. checked. The other party has the right, at its own expense, to inspect the goods before delivery at the time and place by Kras V.O.F. established.

Article 11. NON-PERFORMANCE / DISSOLUTION / SUSPENSION

11.1. Kras V.O.F. is authorized to dissolve the agreement in whole or in part with immediate effect, without judicial intervention, or to suspend the execution, without prejudice to its other rights (to fulfillment and/or compensation), if:

– the other party acts contrary to any provision of the agreement between the parties;

– the other party dies, applies for a moratorium or files a declaration of bankruptcy or the other party is filed for bankruptcy;

– any asset of the other party is attached;

11.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after being invited to do so in writing, does not, in the opinion of Kras V.O.F. has provided appropriate security.

Article 12. RETENTION OF TITLE

12.1. Cash on delivery takes place subject to retention of title. Ownership is then only transferred after full payment.

Article 13. LIABILITY

13.1. Kras V.O.F. is not liable for damage arising as a result of any shortcoming in the fulfillment of its obligation(s) towards the other party. The fulfillment of the obligations under warranty as described in article 9 above applies as sole and full compensation. Any other claim for compensation, for whatever reason, is excluded, unless there is intent or gross negligence on the part of Kras V.O.F. or managerial subordinates.

13.2. Kras V.O.F. nor liable for the actions of (non-executive) subordinates or others whom it has engaged in the context of the execution of the agreement.

13.3. Kras V.O.F. is not liable for advice provided by or on behalf of it.

13.4. The other party must serve Kras V.O.F. always give the opportunity to settle a complaint, otherwise the liability and thus the compensation will lapse.

13.5 If Kras V.O.F. is nevertheless liable, liability (for whatever reason) is limited to the amount that Kras V.O.F. received from the other party under the relevant agreement. In any case, Kras V.O.F. never obliged to pay more than € 8,000 (eight thousand euros).

Article 14. FORCE MAJEURE

14.1. Force majeure is understood to mean any circumstance beyond the will and actions of Kras V.O.F. B.V., whether or not foreseeable at the time of entering into the agreement, as a result of which compliance cannot reasonably be expected from Kras V.O.F. may be required, such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, hacking, IT disruptions, strikes, lock-out or lack of personnel, quarantine, epidemics, pandemics, frost loss, lack of third parties that Kras V.O.F. have been engaged for the performance of the agreement (such as late delivery by suppliers), decisions by suppliers to stop services, etc.

14.2. Force majeure gives Kras V.O.F. the right either to terminate the agreement in whole or in part, or to suspend the performance of its obligations, without being obliged to pay compensation. Also with regard to the part of the agreement that has already been performed, the other party remains obliged to pay.

Article 15. PARTIAL NULLITY

If one or more provisions from this agreement with the other party are not or not fully legally valid, the other provisions will remain in full force and effect. Instead of the invalid provisions, the parties will consult on a replacement arrangement, which comes as close as possible to the intention of the parties and the economic result pursued by them in a legally effective manner.

Article 16. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT

16.1. The location of Kras V.O.F. is the place where the other party fulfills its obligations towards Kras V.O.F. must comply, unless mandatory provisions dictate otherwise.

16.2. All offers and agreements of Kras V.O.F. only Dutch law applies.

16.3. All disputes arising as a result of the dispute between the other party and Kras V.O.F. concluded agreement or of further agreements, which may result therefrom, will be settled by the Dutch judge of the court in Utrecht. If the other party is a consumer and this would lead to the jurisdiction of a court that would not be competent according to law, this other party has one month after Kras V.O.F. has invoked this provision, to opt for settlement of the dispute by the competent court according to the law.