Terms and Conditions
For the purposes of the present general terms and conditions of sale, the terms starting with a capital letter will have the meaning assigned to them in Article 13 hereinafter referred to as «Definitions». The current general terms and conditions of sale apply to all Products sold by the Company through the Website and delivered in the Netherlands. The Company's customer accepts the current terms and conditions of sale without reservation as soon as he ticks them by electronic click prior to placing his Order. The current general terms and conditions of sale and the Order confirmation are the Agreement between the Company and the Customer for the delivery of the Products in the Netherlands. All other terms and conditions do not apply. The Agreement cannot be changed unless the Company accepts to change it in writing or by email. The information contained in advertising, brochures and any other written document supplied directly by Company agents or employees and / or distributed or communicated in any way and primarily via the Internet is an invitation to negotiate and has no contractual value.
1. Pre-contractual information
The Customer is informed that the Products offered for sale on the Website are new, in accordance with the applicable European legislation and the standards applicable in Europe. The Company does not sell second-hand Products through the Website (provided it is clearly identified with the product).
By checking the current general terms and conditions of sale, the Customer acknowledges: to have full decision-making power or the permission of the authorized person before placing an Order with the Company; to have read the current general conditions of sale and the essential characteristics of the Products he orders; the essential characteristics are stated on the technical sheet of the Products on the Website; in this regard, the Company clarifies that the photos of the Products offered for sale on the Website are as faithful as possible, but that they cannot guarantee a perfect resemblance to the Products offered; the photos on the Website are therefore purely indicative and the Company cannot be held liable for this.
If the Customer is of the opinion that he is insufficiently able to choose the Product (s) that is (are) most suitable for him, he must be assisted by an Advisor chosen by him. In any case, the Customer has the option to contact the Company by email / telephone in order to obtain additional information about the Products contained on the Website.
3. Price and payment
- 2.1. Recording of the order
The customer can only place his order via the website or telephone. The Company wishes to inform the Customer that the online Order is secured via the Website. The Company also wishes to point out to the Customer that if, in the case of online Order via the Website, data are entered incorrectly or incompletely (especially the address of the recipient), this may lead to errors in the execution of the Order (mainly in the delivery) for which the Company can in no way be held liable. The Customer must carefully check whether the following information is correct: ordered Product (s), ordered quantity and delivery address of the Order.
- 2.2. Order confirmation
If the Company accepts the Order, it will announce that acceptance by sending an Order confirmation to the Customer's email address. The Company reserves the right, for legal reasons, to refuse a customer's order, in accordance with applicable laws.
- 2.3.1 Cancellation of the Order
Cancellation of the Order by the Company An Order can be canceled at any time by the Company in the event of: unavailability of the Product (s) and / or inability to supply the Service (s) for which a service order was placed; lack of payment by the Customer of the Price of the Order within the permitted term, as stated below in Article 4.1; force majeure (i.e. unforeseen delay in deliveries or incorrect deliveries by the suppliers). Unavailability of the Product (s) ordered Although the Company makes every effort to deliver the Products stated on the Order Confirmation, it may happen that ordered Products or Services cannot be delivered to the Customer because, for example, large do not allow fluctuations in inventory to ensure its absolute availability.
- 2.3.2 Cancellation of the Order by the Customer
An Order can be canceled by the Customer in the event of: a delay in the delivery of the Product (s) ordered by the Customer (s) as indicated below in Article 5.2; transport damage cases or if the number of Products delivered does not match, determined in accordance with the conditions set out in Article 5.5 below; the Product (s) delivered to the Customer do not qualitatively correspond (s), as required in Article 5.6; the Customer exercises his right of withdrawal, as indicated below in Article 6.1 or in case of error in the Product (s) ordered by the Customer. 2.4. Consequences of the cancellation of the Order In case of cancellation of the Order for the reasons set out in the aforementioned articles 2.3.1 and 2.3.2: the payments already made by the Customer and received by the Company will be refunded to him on the customer's bank account, by bank transfer or on his PayPal account, to the exclusion of any other compensation or compensation, in accordance with the legal provisions applicable within the Benelux countries, within a maximum period of thirty (30) days following the day on which the Customer has submitted his Order; the return costs are for the account of the Customer in accordance with the provisions of Article 6 below.
4. Payment of the Products
- 3.1. List price
The sales price of a Product or Service is freely determined by the Company; these prices can vary at all times. The Company will attempt to accommodate the price fluctuations of the Products and Services offered for sale by updating the references on the Website as often as possible. In any case, the Price in force at the time of the Order will be the Price invoiced to the Customer. All prices are stated on the Website and are expressed in euros, including all taxes, but do not include shipping costs.
- 3.2. Invoices
The total Price of the Order (T.P.B.), consisting of the additional delivery costs referred to in Article 3.1, respectively, will be included in the Invoice issued by the Company after confirmation of the Order. The Invoice will be made available to the Customer through the Website, and through his personal account.
5. Delivery of the Products
- 4.1. Payment modalities
The Customer can pay for the Products according to the modalities included under the heading «payment method» mentioned on the Website, i.e., by bank card (VISA, Mastercard), PayPal, bank transfer, IDEAL. The Customer must pay in euros. The online payment is secured by mollie.com, an organization specialized in secure online transactions. When submitting the Order, the Customer must guarantee to the Company that he has any necessary permission to use the payment method. If the Customer pays by bank transfer, the Product (s) and the Service (s) will only be delivered or executed upon receipt of payment. The Company reserves the right to request a photocopy of the identity card and proof of the buyer's address upon each payment. To counter fraud on the Internet, information about orders can be provided to a third party for verification. All payments made on the website are reviewed and checked. In order to avoid delays as a result of these controls, the Company recommends that the Customer provide the following information with his Order: E-mail Address Telephone number of each address provided If necessary, additional information may be requested or even required from Customer to validate his Order. In the event of risk of non-payment of a transaction, the Company reserves the right not to act on the order.
6. Right of the Customer to return the Products
- 5.1. Delivery place
The Company will only deliver the Products to the delivery address indicated on the Order. bykohler.com has websites in different countries, however a customer can only place an order on the site of the country of delivery. For the Netherlands: bykohler.com The Customer is responsible for the data he provides when ordering: in case of mistake in entering the address details of the recipient of the delivery, the Company cannot be held liable for the impossibility of delivering the Product (s). After payment of the Order, changes in the delivery address of the Product (s) or Service (s) can no longer be accepted. However, the Customer may, at his own risk, ask the Delivery Person to change the delivery address. In that case, the Company cannot be held liable for any mistakes in the delivery or for loss of the package by the Delivery Person.
- 5.2. Delivery time
The Product (s) and / or Service (s) is (are) usually delivered and / or executed within 1 to 3 working days from the Order (excluding weekends and holidays). The term may be considerably longer for hard-to-reach areas. The time frame between placing the Order and the first delivery by the Delivery Person to the address specified by the Customer is determined by 2 factors:
1. the preparation time (24 to 48h) = payment, preparation and care of the order by the Delivery.
2. the delivery time of your order by the Delivery Person (24 to 48). The Customer receives an email when his order leaves us.
The dates of delivery and shipment are purely indicative and do not entail any contractual obligations. In the event of an exceptional delay in shipping, the Customer will in any case receive an email about this.
- 5.3. Partial delivery
If a Customer has ordered multiple Products or Services, in the event of unavailability of one or more Products on the date of dispatch of the Order, only the Products available on this date can be delivered. In that case, the Company will refund the price of the Product or Service that was not delivered.
- 5.4. Transfer of risk
The risk is transferred to the Customer at the time of delivery of the Products.
- 5.5. Receipt of the Products
The delivery will be carried out by a delivery person, as proof of delivery a paper or electronic receipt, called the delivery note, will be signed by the customer and / or the recipient designated by the customer. In the event of transport damage, if the delivered Product (s) / Service (s) do not correspond with the Order, or in case of a mistake by the Customer that was notified in advance to the Company in accordance with the conditions mentioned in Article 6.3, the recipient is obliged, upon receipt, to clarify his reservation directly on the delivery note. To this end, the Customer must check the content, correctness and condition of the Product (s) upon delivery. This check is deemed to have been performed when the Customer, or his authorized representative, signs the Delivery Form of the Delivery. If the Customer makes a reservation, he must compulsorily refuse the delivery and he must demand that the Delivery Person immediately takes back the Product (s), since he will first comply with the take-back conditions stated in Article 6.4 c). has checked the Product (s). In the absence of any reservation stated on the Delivery Order, a complaint from the Customer will not be accepted by the Company if the wrong number of Products has been delivered or if there are visible defects in the Product (s) delivered. Subsequent complaints are only possible in the event of a lack of conformity in the nature of the Product (s) delivered, these complaints must be made in accordance with Article 5.6 or as a legal guarantee for hidden defects included in Article 8. When the Customer ( the) ordered Product (s) refuses on delivery, this can be considered unjustified if the Customer cannot demonstrate the existence of the deviations indicated on the Delivery Order. In the event of an unjustified refusal of the Product (s), the Company can demand a fixed compensation of € 29 T.P.B. per individual Product delivered in the Netherlands. If the Company actually detects the deviations, the Customer's Order will be canceled and the consequences described under article 2.4 will apply, with the exception that the Customer will not have to pay any return costs with regard to the immediate return of the Product. (s) by the Delivery Person. The Customer must place a new Order if he wishes a new delivery.
- 5.6. Complaints
If the delivered products do not correspond with what the customer ordered (wrong reference), the customer must, if he has not indicated it on the delivery note, per
- Email (email@example.com)
- Telephone (085-0201899)
- Your account at www.bykohler.com/account/
to bykohler.com. This must be done within 14 days of the delivery date, otherwise the complaint will not be accepted. When submitting the complaint, the customer must state the following information: Order number; Reference (s) and number of Products delivered; Reference (s) of the Products received; Exact reason for the complaint. If the Company actually establishes the lack of conformity, the Customer's Order will be cancelled and the consequences described in Articles 2.4 and 6.2 will apply. The Customer must place a new Order if he wishes a new delivery.
- 6.1. Right of withdrawal
If the Customer is a non-professional consumer and he is not satisfied with one of the purchased Products or Services, he can, in accordance with the applicable legislation in the country of delivery (the Netherlands), return the Product (s) or cancel the order for the Service in question if he contacts the Company, only by
- Email (firstname.lastname@example.org)
- Telephone (085-0201899)
- Your account at www.bykohler.com/account/
Within a period of 14 days from the delivery of the Product (s) (signature on the dated Delivery Note is the date of delivery). Subject to compliance with the aforementioned 14-day period, the Customer will be reimbursed within a period of 30 days from the delivery date of the Product (s) or the conclusion of the order for the Service (s) in question. The return costs (transport) in the amount of a lump sum of € 6.95 (transport) for the returned Product (s) will be deducted from the compensation for the Products. In any event, compensation for the Product (s) ordered, delivered and subsequently returned will only be made on condition that the Product (s) returned has been checked by the Company and has been completed in good condition. (s) found (unused and without mounting marks).
- 6.2. Return of Products due to non-conformity due to the nature of the Products
In the event of non-conformity due to the nature of the Product (s) and / or Service (s) ordered on delivery, the Customer may, when he has submitted his complaint to the Company in accordance with the conditions stated in article 5.6, return them to the Company if he has received permission to do so in accordance with the conditions under Article 5.6. If the complaint of the Customer is well-founded, no return costs will be charged for the ordered, delivered and subsequently returned Product (s). The return costs will be reimbursed after the Customer has submitted written evidence.
- 6.3. Return of the Products in case of mistake when ordering by the Customer
In the event of an error in the Order (reference, destination, brand, quantity, addresses), the Customer must contact the Company by email or telephone at the latest one hour after receipt of the Order confirmation in order to promptly cancel to ask for his Order. The cancellation of the Order may, where appropriate, lead to the consequences described in Article 2.4, in particular: 1. in the event that the shipment of the Product (s) has already been prepared or the Service (s) has been (s) executed at the time the Company receives the cancellation request from the Customer, the latter can only refuse the delivery of the Product (s) or the Service (s) by asking the Delivery Person to return the Order immediately and by stating «refused» on the Delivery Note, without signing this receipt. 2. the reimbursement of the ordered, delivered and subsequently returned Product (s) will in any case only be made subject to the fact that the returned Product (s) has been checked by the Company and is complete and in good condition. condition (s) (unused and without mounting marks). The product refers to both the product and its packaging. Under no circumstances may the packaging be torn, soiled or written on. If the item is returned incomplete or damaged, bykohler.com reserves the right to refuse compensation or to apply a reduction of up to 70% on the sale price of the Product. In the event that the Client is not reimbursed or if a reduction is applied, the Client will receive an explanation via e-mail. The Customer must place a new Order if he wishes a new delivery.
- 6.4. Conditions for returning the Products
In order for the Company to accept the returned Product (s), the Customer must take the following steps:
1. contact bykohler.com by mail via his customer account or by phone to get a transport ticket.
2. Return the complete and undamaged product to its original packaging.
3. Put the original packaging in a protective packaging.
4. Contact the deliverer of bykohler.com to collect the package.
5. Return the package to the delivery person on the one hand and the transport slip on the other.
Following these steps allows the Product (s) to reach the correct destination (s) as quickly as possible and in good condition. If the Customer does not follow these steps, it is possible that the returned Product (s) will not be accepted upon receipt. The Company reserves the right to refuse any Product not returned in accordance with the rules.
- 7.1. General
The products offered by the Company are in accordance with applicable European legislation and the standards applicable in Europe. The products sold by the Company may only be mounted on vehicles or systems recommended by the manufacturer or manufacturer or by an authorized person and only under his responsibility. Under no circumstances can the Company be held liable for the consequences of incorrect installation or the use of a product that has not been adapted for a particular vehicle.
- 7.2. Factory warranty
Some Products have a manufacturer's warranty of typically one year. In the event that a product fails during the warranty period, repairs will be ensured by the manufacturer in question. The shipping costs of the Product to the manufacturer are borne by the Customer.
- 7.3. Warranty for hidden defects
In accordance with the legislation on warranty for hidden defects applicable in the Benelux, the Customer benefits from a legal warranty for hidden defects. Only Products with a recognized hidden defect can be subject to a return to the Company for this reason. When a Customer indicates that a Product supplied by the Company has a hidden defect, he must provide proof of this. In this way, the Customer must request an expert investigation from a recognized expert to confirm the hidden defect. If the expert investigation shows that a hidden defect is present, the document proving this should be provided to the Company's customer service department as soon as possible. Upon receipt of this document, the return authorization number and the procedure to be followed for returning the Product will be communicated by the Company's customer service. The return costs for the Product are borne by the Company. The Company will approve the return of the Product after the hidden defect has been identified by the Company's services. Once the return has been approved by the Company's services, the purchase price of the Product will be reimbursed. Subject to proven hidden defects, the costs of the expert examination can be reimbursed by the Company upon presentation of the invoice relating to these costs.
- 7.4. Exclusion of Warranty
The warranty does not apply to: replacement of consumables (lamps, brushes, batteries, discs, brake pads, filters, plugs, pegs, plates…); abnormal or incorrect use of the products; defects and consequences due to a use for which the product is not intended (competition…); defects and consequences due to an external cause.
9. Force majeure
- 8.1. Non-professional consumer liability
If the Client is a non-professional consumer, nothing in the current general terms and conditions of sale can limit or exclude the liability of the Company with regard to the failure to fulfill one of its obligations under a statutory provision of public order.
- 8.2. Professional consumer liability
If the Customer is a professional consumer:
1. The current general terms and conditions of sale describe the entirety of the Company's obligations and liabilities with regard to the delivery of Products and the performance of Services;
2. The only obligations and warranties imposed on the Company are those expressly included in the current general terms and conditions of sale, to the exclusion of all other warranties and / or obligations;
3. The Company hereby expressly excludes the applicability of all warranties with regard to the Products or Services that may be based on a statutory provision (including, but not limited to, that of quality and suitability for a specific purpose, reasonable care and workmanship) could form part of the Agreement.
In particular, the Company is not responsible for the Products being suitable for the Customer's purposes.
- 8.3 Loss of income
The Company is not liable for any loss of income, profit, contracts, data, or for any other indirect or consequential damages, resulting from a tort (including negligence). The Company's total liability - regardless of what it arises from - is limited to the amount paid by the Customer for the relevant Product (s) and / or Services.
Will be considered force majeure: states of war, lock-out, revolts, strikes, coups, natural disasters, and more generally all cases recognized by the case law of Dutch courts and tribunals with regard to the unforeseen, irresistible and external nature of these events. However, the Company cannot be held liable for the non-performance of its contractual obligations if such non-performance is the result of force majeure and these circumstances cannot reasonably be charged to the Company.
10. Applicable law - Competent court
The current general sales conditions are subject to Dutch law. Any dispute regarding the interpretation or implementation of the current terms or its continuation will be subject only to: the jurisdiction of the courts of common law in the country of delivery if the Client is not a trader. the jurisdiction of the Commercial Court in Amsterdam (Netherlands) if the Customer is a trader.
11. General provisions
12. Protection of personal data
The terms of the present terms and conditions of sale constitute the entire agreement between the Company and the Client (hereinafter the “Agreement”) in view of its purpose and supersede and cancel any statement, negotiation, commitment, oral or written notice, acceptance, agreement and prior agreement. between Parties with respect to the provisions provided or applicable in this agreement.
- 11.2. Negligence
If one of the parties fails to enforce any condition of this Agreement, this failure will not be considered a waiver. Therefore, this failure does not in any way affect the right to enforce that condition at a later date.
- 11.3. Destruction
Should any provision of this Agreement be illegal, void or unenforceable, this provision will be deemed unwritten without affecting the enforceability of any remaining provisions.
- 11.4. Change
Any amendment to the Agreement must be included in an Appendix in writing by common agreement of the Parties.
By placing his Order, the Customer agrees that the Company may store, process and use the data collected through the Order in order to process the Order.
13. Defined terms
- Certain information may be provided to Companies responsible for the delivery of the Products.
- When the Customer pays for the Products ordered, certain information he provides will be transferred to the companies responsible for this payment.
- The Customer authorizes the Company to send commercial messages by e-mail regarding Products and Services of the Company.
Protection of your e-mail address: bykohler.com does not pass on your e-mail address to third parties. It will only be used for communication purposes between the company and the customer. This communication includes sending our Newsletter and emails regarding your order. If you have subscribed to the Newsletters of our partners, you will also receive them at the indicated email address. All e-mails from bykohler.com contain a link at the bottom to stop sending, with which you can unsubscribe from the Newsletter. You can also do this via your account under "my details".
In these general terms and conditions of sale, the following terms should be understood as
- «Company»: The Dutch succursale of the company bykohler.com B.V. ENTRY AT THE CHAMBER OF COMMERCE VENLO, 77850378, VAT NR NL861169955B01
- "Order": the electronic order placed by the Customer via the Website, in accordance with the provisions of the current sales conditions.
- “Customer”: a professional or non-professional consumer who purchases Products and / or Services from the Company.
- “Order Confirmation”: the order confirmation issued by the Company to notify the Customer that his Order has been accepted.
- «Non-professional Consumer»: a Customer who purchases Products and / or Services for needs other than those of his professional activity.
- “Agreement”: the whole of the agreement consisting of the current sales conditions and the Order Confirmation.
- “Invoice”: the invoice issued by the Company for the payment of the price of the Products and / or Services.
- “Working Day”: every weekday with the exclusion of Saturdays, Sundays or public holidays in the Netherlands.
- “Order number”: the order number passed on by the Company to the Customer.
- “Party (ies)”: the Client and / or the Company.
- “Price”: the price of the Product (s) and / or Service (s) that the Customer has purchased from the Company, as defined in Article 3 of the present sales conditions.
- “Products”: the products available on the Website that the Company accepts to provide in accordance with current sales conditions and which may also include Services.
- “Site of Website”: our Website, which can be consulted at the address bykohler.com that was developed to receive orders from consumers in the Netherlands.
- “Delivery person”: any delivery person who is ordered to deliver the Product (s) ordered, being, as follows: PostNL, UPS, Fedex, GLS…
||By Kohler B.V.
|Postcode / Woonplaats