Terms of service

Terms and Conditions

Definitions

1. Krossproducts B.V., established in Gennep under Chamber of Commerce No. 76034216.

2. Customer: the person with whom an agreement has been entered into.

3. Parties: and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability General Terms and Conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of.

2. The parties can only deviate from these conditions if they have been explicitly agreed in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Praise

1. All prices that use are in euros, include VAT and excluding any other costs such as administration costs, taxes and travel, shipping or transport costs, unless explicitly stated or agreed otherwise.

2. All prices that uses for its products or services, on his website or that have been made known in other words, can change at any time.

3. Increases of the cost prices of products or parts thereof, which could not provide for the offer or the conclusion of the agreement, can 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 a legal regulation.

Samples/models

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

Payments and payment term

Products are judged immediately in the store. Do not pay consequences on time

1. If the customer does not pay within the agreed period, it is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month for a whole month is charged.

2. When the customer is in default, he also owes extrajudicial collection costs and any compensation.

3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.

4. If the customer does not pay in time, his obligations may suspend until the customer has complied with his payment obligation.

5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of the customer are immediately due and payable.

6. If the customer refuses his cooperation in the implementation of the agreement, he is still obliged to pay the agreed price.

Advertising

1. As soon as the customer is in default, the right of advertising is entitled to invoke with regard to the products delivered to the customer.

2. calls in the right of advertising by means of a written or electronic communication.

3. As soon as the customer has been informed of the right of complaint, the Customer must immediately return the products to which this is entitled, unless the parties make other agreements on this.

4. The costs for retrieving or bringing the products will be borne by the customer.

Right of withdrawal

1. A consumer can dissolve an online purchase for a cooling -off period of 14 days without giving a reason on condition that:

· The product is not used

· It is not a product that can spoil quickly, such as food or flowers

· It is not a product that has been made to measure or adapted especially for consumers

· It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

· The seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)

· The product is not a trip, transport stick, catering assignment or form of leisure activities

· The product is not a separate magazine or loose newspaper

· What (assignment to) emergency repair concerns

· The consumer has not apart from his right of withdrawal

2. The cooling -off period of 14 days as mentioned in paragraph 1 starts to:

o On the day after the consumer has received the last product or part of 1 order

o As soon as the consumer has received the first product with a subscription

o As soon as the consumer has purchased a service for the first time

o As soon as the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can make his appeal to the right of withdrawal via complaint@krossproducts.NL, if desired using the withdrawal form that via the website of, https: // www.krossproducts.NL, can be downloaded.

4. The consumer is obliged to return the product within 14 days of making his right of withdrawal known, in the absence of which his right of withdrawal will be canceled.

5. The costs for returning will only be borne if the full order is returned.

6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement in accordance with the law, these costs will repay to the consumer within 14 days of receipt of the right to withdrawal right Consumer has returned the product in time.

Right of suspension

Unless the customer is a consumer, the customer renounces the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. Can rely on his right of retention and in that case keep products of the customer in it, until the customer has paid all outstanding bills with regard to, unless the customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of earlier agreements from which the customer still owes payments.

3. Is never liable for any damage that the Customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer renounces his right to settle a debt with a claim.

Retention of title

1. Stay the owner of all products delivered until the customer has fully complied with all his payment obligations with regard to on the basis of whatever with concluded agreement, including claims regarding the failure in compliance.

2. Until that time, invoking his retention of title and taking back the goods can.

3. Before the ownership has been transferred to the customer, the customer may not pledge, sell, alienate the products or otherwise objections.

4. If an appeal to his retention of title, the agreement is considered dissolved and has the right to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place while supplies last.

2. Delivery takes place at, unless the parties have agreed otherwise.

3. Delivery of online ordered products takes place at the address indicated by the customer.

4. If the agreed amounts are not paid or are not paid on time, it has the right to suspend its obligations until the agreed part is still paid.

5. In the event of late payment, there is a defect in creditors, with the result that the customer cannot encourage a delayed delivery.

Delivery time

1. The delivery times specified by specified are indicative and do not entitle the customer in the event of exceeding thereof, unless the parties have explicitly agreed otherwise in writing.

2. The delivery time starts when the customer has fully completed the (electronic) ordering process and received an (electronic confirmation) from it.

3. Exceeding the specified delivery time does not give the customer the right to compensation, nor the right to terminate the agreement, unless it is not possible to deliver in writing within 14 days after this or the parties have agreed something else about this.

Actual delivery

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

Transport costs are for the account of the customer, unless the parties have agreed something else about this.

Packaging and shipping

1. If the packaging of a delivered product is open or damaged, the customer must have a demand for this before receiving the product by the forwarder or delivery person, in the absence that cannot be held liable for any injury.

2. If the Customer takes care of the transport of a product, he must report any visible damage to products or the packaging prior to transport, failing which cannot be held liable for any damage.

Custody

1. If the Customer only purchases ordered products later than the agreed delivery date, the risk of a possible loss of quality is entirely for the customer.

2. Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Assembly/installation

Although all assembly and/or installation work makes an effort to perform as well as possible, he does not bear any responsibility for this, except in the case of intent or gross negligence.

Warranty

1. The warranty with regard to products only applies to defects caused by inadequate manufacturing, construction or material.

2. The guarantee does not apply in the case of normal wear and damage caused as a result of accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be determined clearly.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, changes to the customer at the time at which they are delivered legally and/or in fact, at least 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 14 days of purchase against submission of the original invoice

· The product is returned to the original packaging or with the still attached original (price) tickets

· The product has not yet been used

2. Discounted articles, non-standing items such as food, tailor-made items or items specially adapted to the customer cannot be exchanged.

Indemnification

The customer indemnifies against all claims from third parties that are related to the products and/or services delivered by supplied.

Complaint

1. The customer must investigate a product or service provided by any shortcomings as soon as possible.

2. A delivered product or service provided does not comply with what the customer could reasonably expect from the agreement, then the customer must notify it as soon as possible, but in any case within 1 month after the shortcomings have been found.

3. Consumers must inform this within 2 months after the detection of the shortcomings.

4. The customer provides a description that is as detailed as possible, so that it is able to respond adequately to this.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to current activities, this cannot in any case lead to being obliged to perform other activities than have been agreed.

7. If the customer is dissatisfied with the services of, the customer will inform this as soon as possible and the parties will try to come to an informal solution.

8. If the road followed in paragraph 1 does not lead to a sufficient solution, the customer can submit a complaint to Webwinkel Keur.

Default

1. The customer must make notice of default in writing to.

2. It is the customer's responsibility that a notice of default actually reaches (in time).

Joint and several liability of the customer

If an agreement enters into with multiple customers, each of them is jointly and severally liable for the full amounts that they owe on the basis of that agreement.

Liability

1. is only liable for any damage suffered by the customer if and insofar as that damage was caused by intent or deliberate recklessness.

2. If liable for any damage, it is only liable for direct damage resulting from or is related to the implementation of an agreement.

3. Is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

4. If liable, this liability is limited to the amount that is paid by a (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which on which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and apply only and cannot be a reason for compensation and/or (partial) termination of the agreement and/or suspension of any obligation.

Expiry

Any right of the customer to compensation of expires at least 12 months after the event from which liability results directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to terminate the agreement if there is a culpable failure in the fulfillment of his obligations, unless this shortcoming, in view of its special nature or low sense, does not justify the dissolution.

2. If the fulfillment of the obligations is not permanently or temporarily impossible, then termination can only take place after it is in default.

3. Has the right to terminate the agreement with the customer, if the customer does not fully or do not comply with his obligations under the agreement, or if it has taken note of circumstances that give him good reason to fear that the customer does not will be able to fulfill quite well. Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of fulfilling any obligation with regard to the customer cannot be attributed to one of the will of an independent situation, as a result of which the fulfillment of his obligations With regard to the customer, it is completely or partially prevented or, as a result of which the fulfillment of his obligations cannot reasonably be required.

2. The force majeure situation referred to in paragraph 1 is also considered - but not exclusively -: emergency status (such as civil war, uprising, riots, natural disasters, etc.); non -performance and force majeure of suppliers, deliverers or other third parties; unexpected electricity, electricity, computer and telecoms; Computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.

3. If a force majeure situation occurs, which means that 1 or more obligations to the customer cannot fulfill, then those obligations will be suspended until it can meet again.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may completely or partially dissolve the agreement in writing.

5. In a force majeure situation, no (damage) compensation owes, even if it benefits any benefit as a result of the force majeure.

Change of general terms and conditions

1. is entitled to change or supplement these General Terms and Conditions.

2. Changes of secondary importance can be made at any time.

3. Large substantive changes will discuss with the customer as much as possible in advance.

4. Consumers are entitled to cancel the agreement in the event of a substantial change in the general terms and conditions.

Transition of rights

1. Rights of the Customer From an agreement between the parties, third parties cannot be transferred without the prior written approval of.

2. This provision applies as a clause with property law effect as referred to in Section 3:83, second paragraph, of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these General Terms and Conditions prove to be void or voidable, this does not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what had in mind when drawing up the conditions at that point.

Applicable law and competent court

1. Only Dutch law applies to every agreement between the parties.

2. The Dutch court in the district where there is established/ holding/ holding the office is exclusively authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Drawn up on May 01, 2020.

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