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Customer Service

Terms & Conditions

General Terms and Conditions of klevering.nl

These General Terms and Conditions of klevering.nl were drawn up in consultation

with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the

Social and Economic Council and will become operable as of 1st January 2012.

 

Index:

Article 1 – Definitions

Article 2 – Identity of the trader

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Preclusion from right of withdrawal

Article 9 – The price

Article 10 – Conformity and guanrantee

Article 11 – Supply and implementation

Article 12 – Extended duration transactions: duration, termination and prolongation

Article 13 – Payment

Article 14 – Complaints procedure

 

 

Article 1 – Definitions

The following definitions apply in these terms and conditions:

1. Trader: & klevering – online BV

2. Consumer: the natural person whose action is not within the course of a profession or business and

who enters into an distance contract with the trader;

3. Distance contract: an contract whereby sole use is made of one or more techniques for distance

communication within the framework of a system organized by the trader for the distance sale of

products and/or services, up to and including the moment that the contract is concluded;

4. Technique for distance communication: means that can be used for concluding an contract, without

the consumer and trader being in the same place at the same time.

5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the

withdrawal period;

7. Day: calendar day;

8. Extended duration transaction: a distance contract that relates to a series of products and/or services,

whereby the obligation to supply and/or purchase is spread over a period of time;

9. Durable medium: every means that enables the consumer or trader to store information that is

addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the

stored information;

 

 

Article 2 – Identity of the trader

& klevering – online BV

Asterdwarsweg 1

1031 HR Amsterdam

The Netherlands           

 

E-mail address: webshop@klevering.nl

Chamber of Commerce number: 55442587      

VAT-number: NL821714377B01

 

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by an trader and to every distance

contract that is realised between an trader and a consumer.

2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made

available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance

contract is concluded, that the general terms and conditions are available for inspection at the trader’s

premises and that they will be sent free of charge to the consumer, as quickly as possible, at the

consumer’s request.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before

the distance contract is concluded, the consumer will be provided with the text of these general terms

and conditions electronically, in such a way that the consumer can easily store them on a durable data

carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will

indicate where the general terms and conditions can be inspected electronically and that at his request

they will be sent to the consumer free of charge, either electronically or in some other way.

4. In cases where specific product or service-related terms and conditions apply in addition to these

general terms and conditions, the second and third paragraphs apply by analogy and the consumer can

always invoke the applicable condition that is most favorable to him in the event of incompatible general

terms and conditions.

 

Article 4 – The offer

1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly

mentioned in the offer.

2. The offer contains a complete and accurate description of the products and/or services being offered.

The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.

If the trader makes use of illustrations, these will be a true representation of the products and/or services

being offered. The trader is not bound by obvious errors or mistakes in the offer.

3. Every offer will contain such information that makes it clear to the consumer what rights and obligations

are involved in accepting the offer. This includes, in particular:

-          the price, including taxes;

-          any costs of delivery;

-          the way in which the contract shall be concluded and which actions this will require;

-          whether or not the right of withdrawal applies;

-          the method of payment, delivery and implementation of the contract;

-          the period for accepting the offer or the period for which the trader guarantees the price;

-          the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;

-          if a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by

the consumer;

-          the way in which the consumer can obtain information about the data he has provided for in the

course of the contract, as well as the way he can rectify these before the contract is concluded;

-          the languages in which, in addition to Dutch, the contract can be concluded;

-          the behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically;

-          and the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.

-           

Article 5 – The contract

1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which

the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of

acceptance of the offer electronically. The consumer can dissolve the contract as long as this

acceptance has not been confirmed by the trader.

3. If the contract is concluded electronically, the trader will take suitable technical and organizational

measures to secure the electronic transfer of data and he will ensure a safe web environment. If the

consumer is able to pay electronically, the trader will take suitable security measures.

4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill

his payment obligations, as well as about facts and factors that are important for the responsible

conclusion of the distance contract. If that research gives the trader proper grounds for declining to

conclude the contract, then he has a right, supported by reasons, to reject an order or application or to

bind its implementation to special conditions.

5. Together with the product or service, the trader will send to the consumer the following information, in

writing, or in such a way that the consumer can store it on an accessible durable medium:

a. the office address of the trader’s business location where the consumer can lodge complaints;

b. the conditions under which the consumer can make use of the right of withdrawal and the method for

so doing, or a clear statement relating to the exclusion of the right of withdrawal;

c. information on guarantees and existing after-sales service;

d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided

the consumer with these prior to concluding the contract;

e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is

indefinite.

6. In case of a extended duration contract, the stipulation in the previous paragraph applies only to the first

delivery.

 

Article 6 – Right of withdrawal

1. When purchasing products, a consumer has the possibility of dissolving the contract, without giving

reasons, during 8 days. This period commences on the day after the product was received by

the consumer or a representative previous designated by the consumer and announced to the trader.

2. During this period the consumer will treat the product and its packaging with care. He will only unpack

or use the product as far as necessary in order to be able to assess whether he wishes to retain the

product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with

all associated components, and – in as far as this is reasonably possible – in the original state and

packaging, in accordance with the reasonable and clear instructions that were provided by the trader.

 

Article 7 – Costs in a case of withdrawal

1. If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of

returning the goods.

2. If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the

latest within 30 days after the goods were returned or after the withdrawal.

 

Article 8 – Preclusion from right of withdrawal

1. The trader can preclude the consumer from having a right of withdrawal as far is provided for in

paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if the trader clearly

stated this fact when making the offer, or at least in good time prior to conclusion of the contract.

2. Preclusion from the right of withdrawal is only possible for products:

a) that have been created by the trader in accordance with the consumer’s specifications;

b) that are clearly of a personal nature;

c) that cannot be returned due to their nature;

d) that rapidly decay or become obsolete;

e) the price of which is subject to fluctuations on the financial market over which the trader has no

influence;

f) for individual newspapers and magazines;

g) for audio- and video-recordings and computer software, whereby the consumer has broken the

seal.

3. Preclusion from the right of withdrawal is only possible for services:

a) relating to accommodation, transport, restaurant business or leisure activities to be carried out on a

given date or during a given period;

b) the supply of which commenced, with the explicit consent of the consumer, before the withdrawal

period had lapsed;

c) relating to bets and lotteries.

 

Article 9 – The price

1. During the period of validity indicated in the offer, the prices of the products and/or services being offered

will not be increased, except for price changes in VAT-tariffs.

2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases

where these prices are subject to fluctuations in the financial market over which the trader has no

influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are

recommended prices.

3. Price increases within 3 months after the contract was concluded are only permitted if they are the result

of statutory regulations or stipulations.

4. Price increases more than 3 months after the contract was concluded are only permitted if the trader

stipulated as much and:

a) they are the result of statutory regulations or stipulations; or

b) the consumer is authorized to terminate the contract on the day on which the price increase takes

effect.

5. Prices stated in offers of products or services include VAT and delivery costs.

 

Article 10 – Conformity and Guarantee

1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in

the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations

and/or government regulations that existed on the date that the contract was concluded.

2. A guarantee arrangement offered by the trader, manufacturer or importer does not affect the legal rights

and claims that a consumer, as a result of the contract, can enforce against the trader.

 

Article 11 – Supply and implementation

1. The trader will take the greatest possible care when receiving and implementing orders for products and

when assessing applications for the provision of services.

2. The place of delivery is deemed to be the address that the consumer makes known to the company.

3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the

company will implement accepted orders with efficient expedition, though at the latest within 30 days,

unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be

implemented, or only partially, the consumer will be informed about this at the latest 30 days after the

order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a

right to possible damages.

4. In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer

the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.

5. Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a

replacement article. The fact that a replacement article is being supplied will be stated clearly and

intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of

replacement articles. The costs of return shipments will be charged to the trader.

6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the

consumer or a representative previous designated by the consumer and announced to the trader,

unless this has explicitly been agreed otherwise.

 

Article 12 – Extended duration transactions: duration, termination and prolongation

Termination

1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the

regular supply of products (including electricity) or services, subject to the agreed termination rules and a

period of notice that does not exceed one month.

2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the

regular supply of products (including electricity) or services at the end of the fixed-term, subject to the

agreed termination rules and a period of notice that does not exceed one month.

3. With respect to contracts as described in the first two paragraphs, the consumer can:

- terminate them at all times and not be limited to termination at a specific time or during a specific

period;

- terminate them in the same way as that in which they were concluded;

- always terminate them subject to the same period of notice as that stipulated for the trader.

Prolongation

4. A fixed-term contract that was concluded for the regular supply of products (including electricity) or

services may not be automatically prolonged or renewed for a fixed period of time.

5. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been

concluded for the regular supply of daily or weekly newspapers or magazines may be automatically

prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate

this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed

one month.

6. A fixed-term contract that has been concluded for the regular supply of products or services may only be

automatically prolonged for an indefinite period of time if the consumer has at all times the right to

terminate, with a period of notice that does not exceed one month and, in the case of a contract to

supply daily or weekly newspapers or magazines regularly but less than once per month, a period that

does not exceed three months.

7. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and

magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will

automatically terminate at the end of the trial period or introductory period.

Duration

8. If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right

to terminate, with a period of notice that does not exceed one month, unless reasonableness and

fairness dictate that premature termination of the contract would be unacceptable.

 

Article 13 – Payment

1. As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days

after the start of the withdrawal period as stipulated in article 6 paragraph 1. In the case of a contract to

provide a service this 14 days start on the moment the consumer receives the traders confirmation of the

contract.

2. When selling products to consumers, the general terms and conditions may never stipulate an advance

payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any

rights whatsoever in relation to the implementation of the order or service(s) in question before the

stipulated advance payment has been made.

3. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided

or stated.

4. In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory

limitations, to charge the consumer reasonable costs about which the consumer was informed in

advance.

 

Article 14 – Complaints procedure

1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with

a complaint in accordance with this complaints procedure.

2. Complaints about exercising the contract must be submitted to the trader without delay, in their entirety

and clearly defined, after the consumer has discovered the defects.

3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from

the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the

trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more

elaborate reply.

4. A complaint about a product, a service or the trader’s service can also be submitted via a complaints

form on the consumer’s page of the website of klevering.nl, www.klevering.com

The complaint is then sent both to the trader concerned and klevering.nl.

5. If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the

disputes settlement scheme.

 

 

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