In the general terms and conditions, the following terms shall have the following meanings:
offer: the products offered by the Agent;
agent: Kraaicommerce, with its registered office in Capelle aan den IJssel and having its place of business in Stationsplein 4, Rotterdam and registered in the trade register of the Chamber of Commerce under 72194553, who facilitates agreements for the delivery of products from Supplier via the website as an agent;
order: the product ordered by buyer and for which an agreement has been concluded;
cooling off period: the period of time in which the consumer can exercise his right of cancellation;
consumer: the natural person who does not act in a professional or business context and who enters into a remote agreement with agent;
drop shipping: buyer places an order via the website, whereby agent is instructed and authorised to act as an intermediary, and thus not at the expense and risk of agent, in order to bring about an agreement on one or more products between buyer and the supplier, payment under the agreement being made via agent, and the supplier delivering the product directly to buyer;
form: the form for cancellation made available by the supplier which a consumer can fill in if the consumer wishes to exercise his right of cancellation, as set out in the Annex to the Terms and Conditions;
Right of cancellation: the possibility for the consumer to cancel from the contract within the cooling-off period;
buyer: the person with whom an agreement is concluded for the benefit of the supplier;
supplier: the supplier of a product;
agreement: an agreement to be concluded or concluded via an agent between buyer and the supplier for the purchase of products whereby, for the formation, use is made exclusively of one or more techniques for remote communication;
product: a good offered by the supplier via the website by means of drop shipping;
written: all digital communication using written characters which can be stored on a durable medium and for which agent can determine the method to be used; and
conditions: these general terms and conditions of drop shipping of Kraaicommerce acting as agent.
The conditions apply to every offer made by agent, every order and every agreement, including supplements or amendments thereto as well as follow-up agreements.
The applicability of any general or (purchasing) conditions of buyer of agent is expressly rejected.
The Conditions have been drawn up in the Dutch language. In the event of a conflict between the Dutch and foreign language versions of the Conditions, the Dutch language version of the Conditions shall be binding.
Articles 11.5, 11.6, 12, 13 and 14 of the terms and conditions shall apply to consumers only.
If one or more provisions in the general terms and conditions are wholly or partially invalid at any time or are to be annulled, then the agreement and the rest of these provisions will remain fully applicable and the provision in question will be replaced without delay in mutual consultation by a provision which approaches the purpose and purport of the invalid provision as closely as possible.
The details of the supplier are listed on the website.
If the supplier is not based in the Netherlands, the product ordered shall be imported in buyer's name. Any additional costs, such as VAT, clearance charges and other government levies, shall be borne by buyer.
The prices stated in the offer are exclusive of VAT and other government levies, as well as exclusive of shipping and any transport and packaging costs, unless explicitly stated otherwise.
Payment of the order is handled by agent, who pays the supplier on behalf of buyer.
The difference in reimbursement between the amount paid by buyer for the order and the amount paid by agent to the supplier is not equal and shall be regarded as reimbursement for the services provided by agent.
Every offer made by agent has a limited validity period, namely until the moment that a product is no longer in stock or available at the supplier ("gone is gone") or can no longer be ordered via the website.
In case an offer is made subject to specific conditions, this will be explicitly stated in the offer.
Each offer is without obligation. Agent is at all times entitled to change the offer.
Every offer contains a complete and as accurate as possible description of the products in order to enable buyer to make a proper assessment. Images associated with products shall be a faithful representation of a products. Agent cannot guarantee that the colours displayed correspond exactly with the actual colours of a product. If buyer proceeds to place an order, buyer has been able to sufficiently assess the product, the image and the description thereof with due observance of the foregoing
All images and descriptions of a product are indicative and, in the event of inaccuracies and/or deviations, may not result in compensation or the dissolution of the contract, unless the deviations from the essential characteristics of the product are so substantial that the product is actually different from that which buyer intended to order.
Any offer of which buyer could reasonably have expected, should have understood or should have been expected to understand that it contains an obvious clerical error or is an obvious mistake need not be fulfilled by buyer. Buyer cannot derive any rights from such a clerical error or mistake.
Subject to the provisions of Article 4.5, an agreement is concluded at the time of acceptance of the offer and the placing of an order by buyer and the fulfilment of the conditions thereby stipulated.
The agreement will be concluded in Dutch, unless agent also offers the conditions and further communication in another language via the website. In the latter case, an agreement may also be concluded in that language, at the discretion of buyer, and buyer may also communicate with agent in that language.
If the purchaser accepts the offer electronically, agent will immediately confirm receipt of the acceptance electronically, whereby the contract is concluded. As long as the receipt of the acceptance has not been confirmed by agent, buyer may dissolve the contract.
Agent shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure environment. Agent will take appropriate security measures if buyer is able to pay electronically.
Agent may inform himself of whether buyer can meet his payment obligations and of everything that may be relevant to the responsible conclusion of the agreement. If agent has good reason not to enter into the agreement, he is entitled to refuse acceptance or the order or to attach special conditions to the performance.
Buyer shall ensure that all information which agent indicates to be necessary, or which the purchaser should reasonably understand to be necessary for the performance of the agreement, is provided to agent in good time. If such information is not provided to agent in good time, agent will be entitled to suspend performance of the agreement and/or to charge buyer for the additional costs arising from the delay at agent's usual rates.
Agent is not liable for any damage, of whatever nature, that has arisen because agent has relied on incorrect and/or incomplete information provided by purchaser, unless such incorrectness or incompleteness was known to agent
The prices referred to in the offer are based on the cost factors applicable at the time the agreement was concluded, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any differences, whether favourable or unfavourable, at the time of arrival, departure or delivery shall be for the benefit or at the expense of buyer.
Offer 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, agent is not obliged to deliver the product for the incorrect price.
A compound quotation does not oblige agent to deliver part of the goods included in the offer or quotation at a corresponding part of the quoted price
Conformity and warranty
Subject to what is stated in the relevant terms and conditions, products comply with the agreement, with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and with the existing statutory provisions and regulations on the date of the conclusion of the agreement.
Agent points out that certain products have a limited shelf life, as is indicated on the product concerned. Buyer should take into account this shelf life, within which the quality and safety of the product can be guaranteed as per the supplier's warranty.
Any defects or wrongly delivered products should be reported to agent in writing within four (4) weeks of delivery. The products must be returned in the original packaging in new condition.
Agent's warranty period corresponds with the manufacturer's warranty period. However, agent is never responsible for the ultimate suitability of the products for each individual application by buyer nor for any recommendations regarding the use or application of the products.
In the event of a claim under the warranty, agent will, at its discretion, either replace or repair the item. In the event of replacement, buyer undertakes to return the replaced item to agent.
The warranty does not apply if:
buyer has repaired and/or processed the delivered products himself or has had the products repaired and/or processed by third parties;
the delivered products have been exposed to abnormal circumstances or have otherwise been negligently treated or have been treated contrary to the instructions of agent and/or on the packaging;
the defectiveness is entirely or partially the result of regulations that the government has set or will set with regard to the nature or the quality of the applied materials.
Delivery and provision of services
Agent will handle orders for products with the greatest possible care.
The place of delivery shall be the address which buyer has given to agent when placing the order.
Agent will forward and fulfil accepted orders expeditiously.
All delivery times are indicative. For delivery of products from a country other than the Netherlands, longer delivery times may apply than stated on the website. This will depend on the delivery time of the supplier. Buyer cannot derive rights from the periods referred to.
If an order cannot be carried out, or can only be carried out in part, buyer shall be informed of this within 30 days of placing the order.
Agent shall be entitled to deliver the goods in parts, unless this has been derogated from by agreement or no independent value can be attached to the partial delivery. Agent shall be entitled to invoice the goods thus delivered separately. If the delivery period is exceeded, this will not entitle buyer to compensation for damages.
Delivery times stated on the website are indicative only.
If the stated delivery time is exceeded, buyer is not entitled to dissolution or damages, unless expressly agreed otherwise.
In the event of dissolution in accordance with the provisions in paragraph 3 of this article, agent will refund the amount that buyer has paid as soon as possible but no later than 14 days after the dissolution.
Should it be impossible to supply an ordered item, agent will do its very best to make a replacement product available. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. The right of cancellation cannot be excluded for replacement articles. Any costs incurred in returning products will be for the account of agent.
The risk of damage and/or lost products is borne by agent up to the time of delivery to buyer (or a previously designated representative known to agent), unless otherwise expressly agreed. Acceptance of goods without any comments on the waybill/invoice is considered proof that the packaging was in good condition at the time of delivery.
Unless otherwise agreed, the amounts owed by buyer on account of the agreement are to be paid immediately after the order is placed.
Buyer has the duty to report inaccuracies in payment details that they have provided or stated to agent without delay.
If buyer does not meet his payment obligation(s) on time, after being notified of the late payment by agent and after agent has allowed buyer a reasonable period in which to still meet his payment obligations, after failing to pay within this period, buyer will owe the statutory interest on the amount still due, and if buyer is not a consumer this will be the statutory commercial interest, and agent will be entitled to charge the extrajudicial collection costs incurred by or on behalf of agent. The collection costs will be calculated in accordance with the law and the Extrajudicial Collection Costs (Fees) Decree.
Provisions on website and products
Agent is not responsible for errors and/or irregularities in the functionality of the website. Agent is not liable for malfunctions or unavailability of the website for any reason.
Agent does not guarantee the correct and complete transmission of the contents of e-mail or other digital communication sent by/on behalf of agent, nor the timely receipt thereof.
All claims of buyer for breach of contract on the part of agent will lapse if they are not notified to agent in writing, stating reasons, within one (1) year of buyer becoming aware or could reasonably have become aware of the facts on which the claims are based.
Agent expressly rejects all liabilities and claims from buyers and third parties who have suffered (physical) damage due to careless, incorrect or unnecessary use of the products. The products should only be used in accordance with the instructions for use.
Agent advises buyer to always read the instructions for use before using a product and to act accordingly. Products should be stored and used in accordance with the instructions.
Any advice given regarding the use of products is general and non-binding in nature. Buyer must assess independently and on his own responsibility whether a product is suitable for him. In case of doubt concerning the use of a product, buyer must contact the supplier or buyer's doctor/general practitioner for an assessment of use in a specific case.
Certain products, such as very small products, external care products and electrical appliances, should be kept out of the reach of young children.
Agent advises buyer at all times, but especially in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to one of the ingredients, to consult an expert after reading the instructions for use if necessary before using products, such as external care products.
Agent shall not be liable to buyer if, due to force majeure, obligations under the agreement cannot be fulfilled. Force majeure shall in any case include:
force majeure affecting the supplier;
government measures and restrictions;
failure of internet, data network and telecommunication facilities, due to cybercrime and hacking, for example;
war and terrorist attacks;
general transport problems and limitations;
strikes at supplier or agent; and
other situations which are beyond the agent's control and which temporarily or permanently prevent agent from fulfilling his obligations.
During the period that the force majeure lasts, the obligations under the agreement shall be suspended. If this period lasts longer than two months, each of the parties may terminate the agreement without obligation to compensate damage to the other party or agent.
Insofar as, at the time force majeure arises, agent has already partially fulfilled his obligations under the agreement or will be able to fulfil them, and that part fulfilled or to be fulfilled has independent value, agent is entitled to invoice that part fulfilled or to be fulfilled separately. Buyer is obliged to pay this invoice as if it were a separate agreement.
Buyer's (personal) data will be included in a database. These data are primarily used for the execution of the agreement. Agent can, on request, send information about its products, such as newsletters and offers, to buyer. Buyer can at all times object to the use of personal data for direct marketing purposes and/or the (further) receipt of (certain) marketing information by sending a request to terminate the agreement to agent.
Buyer agrees to the use of electronic means of communication. Buyer acknowledges that, despite all reasonable security measures taken by agent, electronic communication is not secure and may be intercepted, manipulated, infected, delayed or incorrectly transmitted, including by viruses and spam filters. Agent cannot give an absolute guarantee against access by unauthorised parties.
Agent shall take appropriate measures to ensure the confidentiality and safe storage of (personal) data.
Within the framework of the execution of the agreement, (personal) data may also be passed on to countries outside the European Union, for example to a supplier in China, because otherwise the agreement between buyer and supplier cannot be executed and the supplier is unable to make the delivery of the order to buyer. Agent will provide contractual guarantees in this regard.
Buyer who is a consumer has the right to submit a written request to agent to allow inspection of the personal data processed by agent and/or (if applicable) to correct, add to, delete or block these data. A request for inspection and/or correction should be addressed to the management of agent. At the first request of the buyer, the registered personal data will be provided, corrected or removed.
The personal data of buyer who is a consumer will not be provided to third parties, unless agent is obliged to do so by or under applicable laws and regulations or it is necessary for the execution of the agreement.
For consumers, the prices are displayed excluding VAT, taxes and shipping costs.
Before an agreement is reached with a consumer, the text of the conditions will be made available to the consumer (electronically) in such a way that the consumer can easily save it on another durable data carrier. If this is not reasonably possible, prior to the agreement being concluded, it will be indicated where and how the conditions can be viewed electronically and that, at the consumer's request, the conditions will be sent electronically or otherwise free of charge.
Agent will make the following information available to consumer through the website, or at least make this information available so that it can be stored in an accessible manner on a durable data carrier:
the conditions under which and the way in which the consumer may submit a complaint;
the conditions under which and the manner in which the consumer can exercise the right of cancellation, or a clear statement regarding the exclusion of the right of cancellation;
the information about warranties and service after purchase; and
The consumer can turn to agent for the exercise of all legal rights that the consumer has against the supplier, provided that this is in accordance with the provisions of the terms and conditions.
A guarantee provided by or on behalf of agent or supplier does not affect the legal rights which the consumer may assert against the agent on the basis of the contract.
If article 7.5 is applied, buyer, who is a consumer, is entitled to rescind the contract without any cost with regard to products that are not or cannot be delivered within a reasonable period of time.
Agent may deviate from article 8.3 in the collection costs to be charged in favour of consumer.
Right of cancellation
Where products have been purchased, buyer who is a consumer may dissolve the agreement without giving reasons during a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or by a representative predesignated by the consumer and made known to agent.
During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to the extent necessary to judge if he wishes to keep the product. If he makes use of the right of cancellation, the consumer will return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to agent in accordance with the reasonable instructions provided by agent.
If the consumer wishes to make use of the right of cancellation, he must do so within 14 days of receipt of the product by means of the form to be sent to agent. After the consumer has made known that he wishes to exercise the right of cancellation, he must return the product to the agent or supplier within 14 days. In doing so, the consumer must prove that the products have been returned in time.
If, at the end of the periods referred to in Article 13.2 and 13.3, the consumer has not indicated his intention to make exercise the right of cancellation or has not returned the product to the agent, the purchase shall be deemed to have taken place.
The following products are excluded from the right of withdrawal:
products that are clearly personal in nature;
products whose nature makes it impossible for them to be returned;
products that spoil or age quickly;
products, the price of which is subject to fluctuations on the financial market over which agent has no influence;
audio and video recordings and computer software of which the seal has been broken after delivery;
sealed products that are unsuitable for return due to health protection or hygiene reasons and whose seal was broken after delivery; and
products manufactured at the consumer's request, in accordance with the consumer's specifications.
Costs of cancellation
If a consumer exercises the right of cancellation, the costs of return shipment shall be borne by the consumer.
If a consumer has made a payment, agent will refund this amount as soon as possible, but no later than 14 days after receipt of the cancellation. Repayment will be made via the same payment method used for the purchase, unless the consumer expressly agrees to a different payment method and agent accepts that method. A condition for reimbursement is that the product has already been received by the agent or supplier or that conclusive proof of the complete return is provided.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
Complaints and disputes
If buyer has a complaint, buyer must report this to agent in writing.
A complaint shall not suspend buyer's or agent's obligations, unless agent determines otherwise in writing.
A complaint about the execution of the agreement must be made in writing, stating reasons, within seven (7) days of buyer discovering the defects.
A complaint will be answered by agent within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the complainant will be informed of this within 14 days and an indication will be given of the time within which the complaint will be dealt with.
Agent shall at all times have at least four (4) weeks to resolve a complaint in mutual consultation. After this period, the complaint shall qualify as a dispute as referred to in Article 15.8.
If agent declares a complaint justified, agent will, at its discretion, replace or repair the delivered products free of charge. If a complaint cannot be resolved by mutual agreement, the complaint shall qualify as a dispute as referred to in Article 15.8.
If the complainant is a consumer, he can also take his complaint to a dispute resolution body via the European ODR Platform (https://ec.europa.eu/consumers/odr/).
Dutch law is exclusively applicable to all disputes arising from or as a result of the agreement or to which the conditions apply, irrespective of the place of residence of the buyer or a third party, and the Rotterdam court is exclusively the competent court, unless provisions of mandatory law lead to the jurisdiction of another court.
The applicability of the Vienna Sales Convention is excluded.