Terms of Services
Terms and Conditions
ARTICLE 1 – DEFINITIONS
In these General Terms and Conditions, the following definitions apply:
Cooling-off period : the period within which the consumer can make use of his right of withdrawal;
Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Term transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the option for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur : the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, in the context of a system for distance selling of products and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for long-distance communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions : these general terms and conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
kate-amsterdam.nl
- Email: support@kate-amsterdam.nl
- Company number: 77788986
- Address (not for returns): Daalwijkdreef 47, Amsterdam, North Holland, 1103 AD, Netherlands
Opening hours:
Monday - Friday: 08:00 - 18:00 o'clock
Saturday & Sunday: 10:00 - 16:00 o'clock
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the Agreement and these General Terms and Conditions will otherwise remain in force and the relevant provision will be immediately replaced by a provision that is more in line with the purpose of the original as closely as possible.
Situations not regulated in these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.
Any ambiguities about the explanation or content of one or more provisions of our General Terms and Conditions should be interpreted 'in the spirit' of these General Terms and Conditions.
ARTICLE 4 – THE OFFER
If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
The offer is subject to change. The entrepreneur has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to provide a fair assessment of the
The consumer's offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specification data in the offer are indicative and cannot be a reason for any compensation or dissolution of the agreement.
Images with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the real colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to:
the price, excluding customs clearance costs and import tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will benefit from the special regulation for postal and courier services with regard to import. This regime applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;
any shipping costs;
the way in which the agreement is concluded and what measures are necessary for this;
whether or not the right of withdrawal exists;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the level of the rate for long-distance communication if the costs of using the technology for long-distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, in what way it can be viewed by the consumer;
the way in which the consumer can check the data provided by him in the context of the agreement and, if necessary, correct it before concluding the agreement;
all other languages in which the agreement can be concluded other than Dutch;
the codes of conduct submitted by the entrepreneur and the way in which the consumer can consult these codes of conduct electronically; And
the minimum duration of the distance contract in the case of a fixed-term transaction. Optional: available sizes, colors, material type.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
The entrepreneur can – within legal frameworks – 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 the entrepreneur has good reasons on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order, to make a reasoned request or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, to the consumer:
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and in what way the consumer can make use of his right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
- the information about guarantees and existing customer service;
- the data included in article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the conditions for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is concluded under the suspensive conditions of sufficient availability of the relevant products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent 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 supplied 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.
If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur of this within 30 days of receipt of the goods. The consumer must make this known by means of a written message/e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by providing proof of shipment.
If the customer has not indicated after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
If the consumer makes use of his right of withdrawal, the costs for returning the products are for the account of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition is that the product has already been received back by the webshop or conclusive proof of the complete return can be provided.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
The entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for products:
- created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygiene products of which the consumer has broken the seal.
An exclusion of the right of withdrawal is only possible for services:
- Accommodation, transport, restaurant or leisure activities to be carried out at a specific time or during a specific period;
- the delivery of which has started with the express consent of the consumer before the end of the cooling-off period;
- with regard to betting and lotteries.
ARTICLE 9 – THE PRICE
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
If the price is reduced, the customer is not entitled to any compensation. The customer agreed to the applicable price at the time of purchase.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This obligation to fluctuate and the fact that the prices quoted are indicative are indicated with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are based on statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
- which result from statutory regulations or provisions; or
- The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The place of delivery is based on Article 5 paragraph 1 of the Value Added Tax Act 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. The postal or courier service will then collect the import tax or customs clearance costs from the customer. So no VAT will be charged to the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 10 – COMPLIANCE AND WARRANTY
The entrepreneur guarantees 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 provisions and/or government regulations that apply at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee from the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer or for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND EXECUTION
The entrepreneur will exercise the greatest possible care when accepting and executing orders for products.
The address that the consumer has made known to the company applies as the place of delivery.
Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days unless the consumer has agreed to a longer delivery period.
If the delivery is delayed, or if an order cannot be or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after the dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – TERM TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
completion
The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one year. month .
The consumer can terminate the agreements referred to in the previous paragraphs at any time and is not limited to termination at a specific time or in a specific period; at least terminate in the same way as they were received from him; Always terminate with the same notice period that the entrepreneur has set for himself.
extension
An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period.
Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer observes a notice period of no more than one month and a notice period of no more than one month at all times. can cancel more within three months if the agreement extends beyond what has been agreed, but less than once a month, with daily, news and weekly newspapers and magazines.
A temporary agreement for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory phase.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in provided or provided payment details to the entrepreneur.
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 14 – COMPLAINTS PROCEDURE
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If the entrepreneur considers a complaint to be well-founded, the entrepreneur will, at its own discretion, replace or repair the delivered products free of charge.
ARTICLE 15 - DISPUTES
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
ARTICLE 16 - SMS MARKETING
By agreeing to Kate Amsterdam's SMS marketing at checkout and when starting a purchase or by signing up through our registration tools, you agree to receive recurring text messages (for your order, including reminders for abandoned purchases), text marketing offers and transactional texts, including requests to receive reviews from us, even if your mobile phone number is registered on a state or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.
If you no longer wish to receive text marketing messages and notifications, please reply STOP to any mobile message we send you or use the unsubscribe link we provide in each of our messages. You understand and agree that alternative methods of unsubscribing, such as: Using other words or requests, such as using other words or requests, is not considered an appropriate way to unsubscribe. We do not charge for the Service, but you are responsible for any fees and charges that your mobile provider charges for text messages. Message and data rates may apply.
If you have any questions, please text HELP to the number from which you received the messages. For more information, you can also contact us at (https://www.kate-amsterdam.nl/pages/contact).
We reserve the right to change the phone numbers or short codes we use to provide the Service at any time. You will be notified in such cases. You agree that messages you send to a phone number or short code that we change, including STOP or HELP requests, may not be received and that we are not responsible for complying with any requests in such messages.
To the extent permitted by law, you agree that we are not responsible for any failure, delay, or error in the delivery of information transmitted through the Service, for any errors in such information, and/or for any actions you take based on the information. whether or not to use the service.
Your right to data protection is important to us. You can read how we collect and use your personal data in our privacy policy (https://www.kate-amsterdam.nl/pages/privacy-beleid).
Contact Information:
Email: support@kate-amsterdam.nl
Company Information:
kate-amsterdam.nl
- Email: support@kate-amsterdam.nl
- Company Number: 77788986
- Address (not for returns): Daalwijkdreef 47, Amsterdam, North Holland, 1103 AD, Netherlands
Opening hours:
Monday - Friday: 08:00 - 18:00 o'clock
Saturday & Sunday: 10:00 - 16:00 o'clock
We try to answer your email within 24 hours.