GENERAL TERMS AND CONDITIONS KINED
E-mail: hello@kined.nl
Website: www.kined.nl

 

Definitions
1. KINED: Lotts studio, established in Amersfoort, Chamber of Commerce no. 72474319.
2. Customer: the party which KINED has entered into an agreement with.
3. Parties: KINED and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

 

Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of
services or products by or on behalf of KINED.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the
customer or of third parties.

 

Prices
1. All prices used by KINED are in euros, are inclusive of VAT and exclusive of any other costs such as administration
costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. KINED is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at
any time.
3. Increases in the cost prices of products or parts thereof, which KINED could not foresee at the time of making an
offer or the conclusion of the agreement, may give rise to price increases.
4. 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 statutory regulation.

 

Samples / models
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is
an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied
conform to the sample or model.

 

Consequences of late payment
1. If the customer does not pay within the agreed term, KINED is entitled to charge an interest of 2% per month for noncommercial
transactions from the day the customer is in default, whereby a part of a month is counted for a whole
month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any
compensation to KINED.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, KINED may suspend its obligations until the customer has met his payment
obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of
KINED on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by KINED, he is still obliged to pay the
agreed price to KINED.

 

Right of recovery of goods
1. As soon as the customer is in default, KINED is entitled to invoke the right of recovery with regard to the unpaid
products delivered to the customer.
2. KINED invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return
the products concerned to KINED, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.

 

Reimbursement of delivery costs
1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according
to the law, KINED will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right
of withdrawal, provided that the consumer has returned the product to KINED in time.
2. The costs for return are only reimbursed by KINED if the complete order is returned.

 

Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the
complete order will be borne by the consumer.

 

Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention
1. KINED can appeal to his right of retention of title and in that case retain the products sold by KINED to the customer
until the customer has paid all outstanding invoices with regard to KINED, unless the customer has provided
sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes
payments to KINED.
3. KINED is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 

Settlement
The customer waives his right to settle any debt to KINED with any claim on KINED.

 

Retention of title
1. KINED remains the owner of all delivered products until the customer has fully complied with all its payment
obligations with regard to KINED under whatever agreement with KINED including of claims regarding the
shortcomings in the performance.
2. Until then, KINED can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise
encumber the products.
4. If KINED invokes its retention of title, the agreement will be dissolved and KINED has the right to claim
compensation, lost profits and interest.

 

Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at KINED unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, KINED has the right to suspend its obligations until the agreed price is fully
paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by
KINED.

 

Delivery period
1. Any delivery period specified by KINED is indicative and does not give the customer the right to dissolution or
compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an
(electronic) confirmation of his order from KINED.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the
contract, unless KINED cannot deliver within 14 days after the customer has urged him to do so in writing or if the
parties have agreed upon otherwise.

 

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

 

Transport costs
Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the
forwarder or delivery person before receiving the product. In the absence of which KINED may not be held liable for
any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the
packaging prior to the transport to KINED, failing which KINED cannot be held liable for any damage.

 

Insurance
Storage
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the
customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

 

Guarantee
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes
made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be
established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on
to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or
of a third party who receives the product for the benefit of the customer.

 

Exchange
1. Exchange is only possible if the following conditions are met:
 - exchange takes place within 30 days after purchase upon presentation of the original invoice
 - the product is returned in the original packaging or with the original (price) tags still attached to it
 - the product has not been used

2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer
cannot be exchanged.

 

Indemnity
The customer indemnifies KINED against all third-party claims that are related to the products and/or services
supplied by KINED.

 

Complaints
1. The customer must examine a product or service provided by KINED as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the
agreement, the customer must inform KINED of this as soon as possible, but in any case within 1 month after the
discovery of the shortcomings.
3. Consumers must inform KINED of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that KINED is able to respond
adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to KINED being forced to perform other work
than has been agreed.

 

Giving notice
1. The customer must provide any notice of default to KINED in writing.
2. It is the responsibility of the customer that a notice of default actually reaches KINED (in time).

 

Joint and several Client liabilities
If KINED enters into an agreement with several customers, each of them shall be jointly and severally liable for the
full amounts due to KINED under that agreement.

 

Liability of KINED
1. KINED is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross
negligence.
2. If KINED is liable for any damage, it is only liable for direct damages that results from or is related to the execution
of an agreement.
3. KINED is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third
parties.
4. If KINED is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the
absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part
of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only
approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of
any obligation.

 

Expiry period
Every right of the customer to compensation from KINED shall, in any case, expire within 12 months after the event
from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil
Code.

 

Dissolution
1. The customer has the right to dissolve the agreement if KINED imputably fails in the fulfillment of his obligations,
unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by KINED is not permanent or temporarily impossible, dissolution can only take
place after KINED is in default.
3. KINED has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his
obligations under the agreement, or if circumstances give KINED good grounds to fear that the customer will not be
able to fulfill his obligations properly.

 

Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of KINED in the fulfillment of any
obligation to the customer cannot be attributed to KINED in any situation independent of the will of KINED, when
the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its
obligations cannot reasonably be required from KINED .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such
as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other
third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes,
government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which KINED cannot fulfill one or more obligations towards the
customer, these obligations will be suspended until KINED can comply with it.
4. 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.
5. KINED does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any
advantages as a result of the force majeure situation.

 

Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement
its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

 

Changes in the general terms and conditions
1. KINED is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by KINED with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and
conditions.

 

Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with KINED to third parties without the prior
written consent of KINED.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 

Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other
provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what KINED
had in mind when drafting the conditions on that issue.

 

Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where KINED is established is exclusively competent in case of any disputes between
parties, unless the law prescribes otherwise.

 

Attribution
These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl
/nl).