General Terms and Conditions

 

CONTENTS

 

Article 1  - Definitions                                               

Article 2  - The Entrepreneur’s identity                       

Article 3  - Applicability                                             

Article 4  - The offer                                        

Article 5  - The agreement                                        

Article 6  - Right of withdrawal                                   

Article 7  - Consumer’s obligations during the reflection period                             

Article 8  - Exercising the Consumer’s right of withdrawal and the costs      

Article 9  - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price                                       

Article 12 - Compliance and extra guaranty                           

Article 13 - Delivery and execution                             

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                                 

Article 16 - Complaints procedure                    

Article 17 - Disputes                                                 

Article 18 - Additional or varying provisions      

       

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;

2. Reflection period: the period during which the Consumer may use his right of withdrawal;

3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

4. Day: calendar day;

5. Digital content: data produced and delivered in digital form;

6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;

7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.

8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;

9. Entrepreneur: the natural of legal person who offers products and/or services to consumers from a distance;

10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

11. Standard form for withdrawal: the European standard form for withdrawal is available that a consumer can fill in if he/she wish to make use of his/her right of withdrawal.  

12. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.      

 

Article 2 – The Entrepreneur’s identity

Name : K.O.I Kanpai

Head office address: Slangenburgstraat 5, 4834 KV Breda

Store address: Halstraat 25, 4811 HV Breda

Tel: +31634403997 Available 0900-1700hrs Tue to Sun

Email: info@koikanpai.com

Chamber of Commerce number: 80096921

VAT identification number: NL003392055B97

 

 

Article 3 – Applicability

1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.

2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.  

3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;

4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

 

Article 4 – The offer

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.

3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This concerns in the following:

 

  • the price including taxes;

  • the possible costs of shipping;

  • the way in which the agreement will be concluded and which actions are required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery and implementation of the agreement;

  • the term for accepting the offer, or the term within which the entrepreneur guarantees the price;

  • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

  • whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the consumer;

  • the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it;

  • the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and

  • the minimum duration of the distance contract in the event of an extended transaction.

  Optional: available sizes, colors, type of materials.

 

 

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding
conditions.

2. If the consumer has accepted the offer electronically, the trader will
immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been 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 ensure
a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

 

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

 

5. At the latest upon delivery of the product, service or digital content to the
consumer, 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 way in which the consumer
can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;


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


d. the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;


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


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

g. In the event of an extended transaction, the provision in the previous paragraph only applies to the first
delivery.Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 – Right of withdrawal

In case of products:

1. The consumer can dissolve an agreement regarding the purchase of a product without giving reasons during a cooling-off period of at least 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s) .
2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. If the consumer has several products in the same order ordered: the day on which the consumer, or a third party designated by him, has received the last product. The Provided that he has clearly informed the consumer about this prior to the ordering process, the entrepreneur 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 him, received the last shipment or the last part;
c. in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product. For services and digital content that is not supplied on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
5. If the entrepreneur provides the consumer with the legally required information about the right of withdrawal or has not provided the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article .
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

 

Article 7 – Consumer’s obligations during the time of reflection

1. During this period, the Consumer shall handle the product and the packaging with care.

2. The Consumer is not liable for the decrease in value of the shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

3. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.

4. product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner .
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 (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur .
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale limited volume or certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. The entrepreneur is the consumer has not provided the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or;
b. the consumer has not explicitly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. Prior to the delivery, he has not expressly agreed to commence
compliance with the agreement before the end of the agreement. the reflection period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.

3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.  

   

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1. Products or services with a price that is subject to fluctuations in the   financial market on which the Entrepreneur has no influence and which may   occur within the period of withdrawal;

2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital content and/or services to the Consumer who is personally present or has the         possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.

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

a. the performance started with the Consumer’s explicit prior consent; and

b. the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.

4. Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;

5. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;

6. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;

7. Perishable products or products with a limited durability.

8. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;

9. Products which for their nature are irreversibly mixed with other products;

10. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.

11. Sealed audio and  video recordings and computer programs of which the seals were broken after delivery;

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

13. The delivery of digital content other than on a physical carrier, but only if:    

a. the performance was started with the Consumer’s explicit prior consent;

b. the Consumer stated that he will lose his right of withdrawal by doing so.

 

Article 11 - The price

1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.

2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.

4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and

a. they are the result of legal regulations or stipulations, or

b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.

5. All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is          suitable for other than normal use.

2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.

3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution

1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

2. The place of delivery is at the address given by the Consumer to the Entrepreneur.

3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.

4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.

5. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.  

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination
1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
3. The Consumer can cancel the agreements mentioned in the preceding paragraphs:
       -       at any time and not be limited to termination at a particular time or in a given period;    
       -       at least in the same way as they were concluded by him; 
       -       at all times with the same notice as the Entrepreneur stipulated for himself.
Extension
4. An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.    
5. Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the         most.   
6. An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.         
7. An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.
Duration

8. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

 

Article 15 – Payment

 

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period commences. after the consumer has received confirmation of the agreement.

2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 16 - 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 implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time 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 reply within 14 days with a
confirmation of receipt and an indication when the consumer can expect a more detailed answer.


4. If the complaint is not submitted within a reasonable period or within 3 months after the submission of the a complaint can be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

 

a. It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

b. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

c. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products delivered free of charge, at his discretion.

 

 

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply.

 

 

Article 18 - Additional or different provisions

Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.