Terms & conditions

Article 1 – Definitions

In these terms, the following definitions apply:

  1. Cooling-off period: the period during which the consumer may use his right of withdrawal;
  2. Consumer: the natural person who does not act in the course of a profession or business and enters into an agreement with the entrepreneur at a distance;
  3. Day: calendar day;
  4. Continuous transaction: a distance agreement regarding a series of products and/or services, the delivery and/or consumption obligation of which is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him, in a manner that enables future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the opportunity for the consumer to abandon the agreement/distance purchase within the cooling-off period;
  7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  8. Distance agreement: an agreement in which, in the context of a system for the sale of products and/or services organized by the entrepreneur, only one or more techniques for remote communication are used until the agreement is concluded;
  9. Technique for remote communication: a means that can be used to enter into an agreement without the consumer and entrepreneur being simultaneously in the same place.
  10. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Business name: KUDT
E-mail address: info@kudtshop.com
Address: J.I. Sandersestraat 69A
Phone-number: 085-3036493
Chamber of Commerce number: 77315502
VAT identification number: NL003179775B08

Article 3 – Applicability

  1. These terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded at a distance and orders between the entrepreneur and the consumer.
  2. Before the agreement at a distance is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement at a distance is concluded, it will be indicated that the terms and conditions are available for inspection at the entrepreneur and will be sent to the consumer as soon as possible free of charge upon request.
  3. If the agreement at a distance is concluded electronically, deviating from the previous paragraph and before the agreement at a distance is concluded, the text of these terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored on a durable medium by the consumer. If this is not reasonably possible, before the agreement at a distance is concluded, it will be indicated where the terms and conditions can be read electronically and that they will be sent to the consumer electronically or in another manner free of charge upon request.
  4. In case specific product or service terms and conditions are also applicable in addition to these terms and conditions, the second and third paragraph apply correspondingly and in case of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
  5. If one or more provisions in these terms and conditions are wholly or partially null and void at any time, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced in mutual agreement as soon as possible by a provision that approaches the original as much as possible.
  6. Situations that are not regulated in these terms and conditions should be assessed “in the spirit” of these terms and conditions.
  7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained “in the spirit” of these terms and conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good evaluation of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:
  • the price including taxes;
  • the possible costs of shipping;
  • the manner in which the agreement will be concluded and which actions are necessary for this;
  • whether the right of withdrawal applies;
  • the manner of payment, delivery and execution of the agreement;
  • the deadline for acceptance of the offer or the period within which the entrepreneur guarantees the price;
  • the height of the rate for communication at a distance if the costs of using the technology for communication at a distance are calculated on a different basis than the regular basic rate for the used means of communication;
  • whether the agreement will be archived after it has been concluded and, if so, how it can be consulted by the consumer;
  • the way in which the consumer can check and, if desired, correct the information he provides in the context of the agreement;
  • the possible other languages in which the agreement can be concluded besides English;
  • the codes of conduct to which the entrepreneur has committed and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the agreement at a distance in the case of a durable transaction.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
  2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance is confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transfer and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
  4. Within the legal framework, the entrepreneur may verify whether the consumer can meet his payment obligations and all facts and factors that are relevant for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons to believe that the agreement should not be entered into on the basis of this investigation, he is entitled to refuse an order or request or to attach special conditions to its implementation.
  5. The entrepreneur shall inform the consumer on the website, among other things in these conditions, about the following:
  6. a. the e-mail address of the entrepreneur where the consumer can address complaints;
  7. b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear notification in the case of exclusion of the right of withdrawal;
  8. c. information about warranties and existing after-sales service;
  9. d. the data included in paragraph 3 of this article, unless the entrepreneur has already provided this information to the consumer prior to the implementation of the agreement;
  10. e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
  12. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of revocation

  1. When purchasing products, the consumer has the possibility to terminate the agreement without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated and made known to the entrepreneur by the consumer.
  2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of his right of revocation, he will return the product with all accessories supplied and, if reasonably possible, in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wants to use his right of withdrawal, he is obliged to do so within 14 days after receipt of the product, by making it known to the entrepreneur. The consumer must make it known using a contact possibility mentioned on the website. After the consumer has indicated that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer sends the product using a professional carrier. The consumer must prove that the goods have been returned timely and professionally, for example by means of a proof of shipment.
  4. If the consumer has paid an amount, the entrepreneur will refund this amount within 14 days after receipt of the returned product, or a conclusive proof of complete return.
  5. If the customer has not made it known after the expiration of the terms mentioned in paragraphs 2 and 3 that he wants to use his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Cost in case of withdrawal

  1. If the consumer exercises his right of withdrawal, only the costs of return are at his expense.
  2. If the return shipment does not arrive at the entrepreneur, the entrepreneur is entitled not to pay out the return amount. To prevent this, the entrepreneur advises the consumer to return the package insured.
  3. If the consumer returns the product incomplete, without packaging or damaged, the entrepreneur is entitled to charge reasonable costs for this to the consumer, according to their own assessment.

Article 8 – Custom-made and exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer’s right of withdrawal for custom-made products as described in clause 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, or at least in good time before the conclusion of the agreement.
  2. The exclusion of the right of withdrawal is only possible for products that have been produced by the entrepreneur in accordance with the specifications of the consumer and/or that are clearly of a personal nature (including custom-made).
  3. The entrepreneur is entitled to include custom-made work, for which the consumer has given the entrepreneur an order, in the range and (copies thereof) to sell, unless there is a copyright or image right that lies with the consumer.

Article 9 – The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Deviating from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no influence, with variable prices. This dependence on fluctuations and the fact that any quoted prices are indicative prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has agreed to this and:
  5. a. they are the result of legal regulations or provisions; or
  6. b. the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.
  7. The prices of products or services mentioned in the offer are inclusive of VAT.
  8. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications specified in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force at the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  2. A warranty provided by 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.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur within 7 days of delivery. Return of the products must be made in the original packaging and in new condition.
  4. The entrepreneur’s warranty period is 3 years. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the instructions of the entrepreneur and/or treated in accordance with the packaging;
  • The defectiveness is wholly or partially the result of regulations imposed by the government or to be imposed with respect to the nature or quality of the materials used.

Article 11 – Delivery and Performance

  1. The entrepreneur shall exercise the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
  2. The place of delivery shall be the address communicated by the consumer to the company.
  3. The company will carry out accepted orders in accordance with the delivery terms stated on the website or agreed upon jointly, unless the consumer (later) agrees to a longer delivery term. If delivery is delayed, or if an order cannot be carried out or only partially, the consumer will receive notification of this within a reasonable period of time. In this case, the consumer does not have the right to terminate the agreement or to claim compensation.
  4. Only in case the delivery time is exceeded by 100% does the consumer have the right to terminate the agreement without cost. In the latter case, the consumer does not have the right to claim compensation.
  5. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not give the consumer the right to claim compensation.
  6. In case of termination in accordance with paragraph 3 of this article, the entrepreneur shall repay the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
  7. If it appears that delivery of an ordered product is impossible, the entrepreneur will make efforts to provide a substitute article. At the time of delivery, it will be clearly and understandably reported that a substitute article is being delivered. With regard to replacement articles, the right of withdrawal cannot be excluded.
  8. The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated in advance and communicated to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Termination

  1. The consumer can terminate an agreement concluded for an indefinite period and which aims to regularly supply products or services, at any time, subject to the termination rules agreed upon and a notice period of at most one month.
  2. The consumer can terminate an agreement concluded for a specific period and which aims to regularly supply products or services, at any time, before the end of the specific period, subject to the termination rules agreed upon and a notice period of at most one month.
  3. The consumer can terminate the agreements referred to in the previous paragraphs:
  • At any time and not be limited to termination at a specific time or in a specific period;
  • At least in the same way as it was concluded by the consumer;
  • Always with the same notice period that the trader has agreed for himself.
  • Extension
  1. An agreement concluded for a specific period and which aims to regularly supply products or services, may not be extended or renewed silently for a specific period.
  2. Deviating from the previous paragraph, an agreement concluded for a specific period and which aims to regularly supply daily, news, and weekly papers and magazines, may be extended silently for a specific period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
  3. An agreement concluded for a specific period and which aims to regularly supply products or services, may only be extended silently for an indefinite period if the consumer may terminate it at any time with a notice period of at most one month and a notice period of at most three months in the case of agreements for the regular, but less than once a month, supply of daily, news, and weekly papers and magazines.
  4. An agreement with a limited duration for the regular supply of daily, news, and weekly papers and magazines for the purpose of introduction (trial or introductory subscription) will not be continued silently and will automatically end after the trial or introductory period.
  5. If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year with a notice period of at most one month, unless the reasonableness and fairness speaks against termination before the end of the agreed duration.

Artikel 13 – Payment

  1. Unless otherwise agreed, 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 case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer is obliged to immediately report any inaccuracies in the payment information provided or indicated to the entrepreneur.
  3. In the case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs that were made known to the consumer in advance.

Artikel 14 – Complaints procedure

  1. Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has detected the faults, and must be fully and clearly described.
  2. Complaints submitted to the entrepreneur will be answered within a term of 14 days, counted from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a receipt message and an indication of when the consumer can expect a more extensive answer.
  3. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur explicitly indicates otherwise in writing.
  4. If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the delivered products, at their choice, free of charge.

Article 15 – Disputes

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
  2. The Vienna Sales Convention is not applicable.
  3. Parties will first resort to the courts after they have exerted themselves to the utmost to resolve a dispute through mutual negotiation.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the disadvantage 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 data carrier.