General terms and conditions at maison KOOS

Terms and Conditions

Please read these terms carefully before placing an order. By using this website or placing an order, Maison KOOS assumes that you have read the general terms and conditions and agree to them: Please also read our privacy policy before placing an order. If you have any questions regarding our general terms and conditions, you can contact customer service via hallo@maisonkoos.nl.

General Terms and Conditions

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer's Obligations During the Reflection Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Its Costs
Article 9 - Entrepreneur's Obligations upon Withdrawal
Article 10 - Exclusion of Right of Withdrawal
Article 11 - The Price
Article 12 - Performance and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Extension
Article 15 - Payment
Article 15.1 - Post-payment via Klarna
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Data
Article 19 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms, the following definitions apply:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party based on an agreement between the third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration agreement: an agreement for the regular delivery of goods, services, and/or digital content over a specified period;
Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information that is personally directed at them in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services at a distance to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer within a structured system for distance sales of products, digital content, and/or services, whereby one or more techniques for communication at a distance are used exclusively or in part, up to and including the conclusion of the agreement;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms. Annex I does not need to be made available if the consumer has no right of withdrawal concerning their order;
Communication technique at a distance: any medium that can be used to conclude an agreement without the consumer and entrepreneur having to meet simultaneously in the same space.

Article 2 - Identity of the Entrepreneur

Maison KOOS
Toon Hermansplein 24, Waalwijk
Phone number: 06-21846477
Email address: hallo@maisonkoos.nl
Chamber of Commerce number: 56560389
VAT identification number: NL001788412B60

If the entrepreneur's activity is subject to a relevant licensing system: details of the supervisory authority.

If the entrepreneur practices a regulated profession:

The professional association or organization to which they are affiliated;
The professional title, the place in the EU or European Economic Area where it was granted;
A reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and every distance agreement concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will inform the consumer of how to view the general terms and conditions before the distance agreement is concluded and that they will be sent to the consumer as soon as possible, free of charge, upon request.
If the agreement is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be easily stored on a durable medium. If this is reasonably not possible, the entrepreneur will indicate where the general terms and conditions can be accessed electronically before the distance agreement is concluded and that they will be sent to the consumer free of charge upon request.

In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always refer to the provision that is most favorable to them in case of conflicting terms.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, they must accurately represent the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions specified.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as this receipt has not been confirmed by the entrepreneur, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, inquire whether the consumer can meet their payment obligations and whether there are any facts or factors important for responsibly entering into the distance agreement. If the entrepreneur has valid reasons based on this investigation to not enter into the agreement, they are entitled to refuse an order or application, or impose special conditions for execution.
The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, send the following information in writing or in such a way that it can be easily stored by the consumer on a durable medium:

The visiting address of the entrepreneur’s establishment where the consumer can file complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice of the exclusion of the right of withdrawal;
Information about guarantees and after-purchase service;
The price, including all taxes, of the product, service, or digital content; any delivery costs, if applicable; and the method of payment, delivery, or execution of the distance agreement;
The requirements for canceling the agreement if the agreement lasts more than one year or for an indefinite duration;
If the consumer has a right of withdrawal, the model withdrawal form.

In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

For products:

The consumer can terminate an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot force the consumer to provide a reason.

The reflection period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:

if the consumer has ordered multiple products in the same order: the day the consumer, or a designated third party, receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided the entrepreneur has informed the consumer about this clearly before the order process.
if the delivery of a product consists of different shipments or parts: the day the consumer, or a designated third party, receives the last shipment or part;
in agreements for the regular delivery of products over a certain period: the day the consumer, or a designated third party, receives the first product.

For services and digital content that is not supplied on a material medium: The consumer can terminate a services agreement and an agreement for the supply of digital content not provided on a material medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot force the consumer to provide a reason. The reflection period mentioned in paragraph 3 starts the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not provided on a material medium if information about the right of withdrawal is not provided: If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period as defined in the previous sections of this article. If the entrepreneur provides the information referred to in the previous paragraph to the consumer within twelve months after the start of the original reflection period, the reflection period expires 14 days after the day the consumer receives that information.

Article 7 - Consumer's Obligations During the Reflection Period

During the reflection period, the consumer will handle the product and its packaging carefully. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would in a store.

The consumer is only liable for a decrease in the product’s value resulting from handling the product in a way that goes beyond what is necessary according to paragraph 1. The consumer is not liable for a decrease in the product’s value if the entrepreneur did not provide all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs

If the consumer exercises their right of withdrawal, they must inform the entrepreneur within the reflection period, either using the model withdrawal form or another unambiguous method.

As soon as possible, but within 14 days of the notification referred to in paragraph 1, the consumer must return the product or deliver it to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has met the return deadline if they send the product back before the reflection period has expired. The consumer must return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and burden of proof for the correct and timely exercise of the right of withdrawal rest with the consumer. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs or if the entrepreneur states they will bear the costs, the consumer is not required to pay for the return shipping. If the consumer withdraws after expressly requesting that the service or delivery of gas, water, or electricity not prepared for sale in a limited volume or quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the agreement that has been fulfilled by the entrepreneur at the time of withdrawal compared to the full performance of the agreement. The consumer does not bear the costs for the provision of services or the supply of water, gas, or electricity not prepared for sale in a limited volume or quantity, or for the supply of district heating if:

the entrepreneur has not provided the legally required information about the right of withdrawal, the compensation for withdrawal, or the model withdrawal form; or
the consumer has not expressly requested the start of the service or delivery of gas, water, electricity, or district heating during the reflection period. The consumer does not bear the costs for the full or partial delivery of digital content not provided on a material medium if:
they did not expressly agree to the commencement of the performance of the agreement before the end of the reflection period;
they did not acknowledge that they lose their right of withdrawal upon giving consent; or
the entrepreneur failed to confirm this declaration from the consumer. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 - Obligations of the Entrepreneur upon Withdrawal

If the entrepreneur enables the notification of withdrawal by the consumer electronically, they must immediately acknowledge receipt of this notification.

The entrepreneur will refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but no later than 14 days after the day the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer proves they have returned it, whichever comes first. The entrepreneur will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund will be free of charge for the consumer. If the consumer opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs of the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the agreement:

Products or services whose price is linked to fluctuations in the financial market that the entrepreneur cannot control and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method where products, digital content, and/or services are offered by the entrepreneur to a consumer who is physically present or has the possibility to be present at the auction, under the direction of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content, and/or services;

Article 11 - The Price

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 resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market that the entrepreneur cannot control, with variable prices. This linkage to fluctuations and the fact that any listed prices are indicative will be mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions. Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

a. they result from legal regulations or provisions; or
b. the consumer has the right to cancel the agreement from the day the price increase takes effect. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 - Performance of the Agreement and Additional Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations existing at the time of concluding the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur fails to fulfill their part of the agreement.

An additional warranty is understood as any commitment from the entrepreneur, their supplier, importer, or producer, where they grant the consumer certain rights or claims that go beyond what they are legally obliged to provide if they fail to fulfill their part of the agreement.

Article 13 - Delivery and Execution
The entrepreneur shall exercise the utmost care when receiving and executing product orders and assessing requests for service provision.

The place of delivery shall be the address that the consumer has made known to the entrepreneur.
In accordance with the provisions in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed, but no later than within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fully or partially fulfilled, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement without incurring any costs and may be entitled to compensation.
After cancellation in accordance with the previous section, the entrepreneur shall refund the amount paid by the consumer without delay.
The risk of damage or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise explicitly agreed upon.

Article 14 - Duration Transactions: Duration, Termination, and Extension
Termination:

The consumer can terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, adhering to any agreed-upon termination rules and with a notice period of no more than one month.
The consumer can terminate an agreement entered into for a definite period, which involves the regular delivery of products (including electricity) or services, at any time before the end of the agreed period, adhering to any agreed-upon termination rules and with a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous sections:
- At any time and is not limited to termination at a specific time or within a particular period;
- At least in the same manner as the agreement was entered into;
- Always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:
An agreement for a definite period that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific duration.
However, an agreement for a definite period involving the regular delivery of daily newspapers, weekly newspapers, and magazines may be automatically extended for a maximum period of three months, provided the consumer can cancel the extended agreement before the end of the extension with a notice period of no more than one month.
An agreement for a definite period involving the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month. The notice period is a maximum of three months in cases where the agreement involves the regular delivery of daily newspapers, weekly newspapers, and magazines, but less than once a month.
An agreement with a limited duration for regular trial or introductory deliveries of daily newspapers, weekly newspapers, and magazines (trial or introductory subscription) shall not be automatically extended and shall end after the trial or introductory period.

Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the agreed duration ends.

Article 15 - Payment
Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer shall be paid within 14 days after the start of the reflection period or, in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts the day after the consumer receives the confirmation of the agreement.

In the sale of products to consumers, the consumer shall never be obligated to pay more than 50% in advance as per the general terms. When an advance payment is agreed, the consumer may not assert any rights regarding the execution of the respective order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details. If the consumer fails to meet their payment obligation(s) on time, the entrepreneur, after notifying the consumer of the overdue payment and giving the consumer a 14-day period to fulfill their payment obligations, is entitled to charge statutory interest on the overdue amount, and the entrepreneur may charge any extrajudicial collection costs incurred. These collection costs amount to a maximum of 15% for outstanding amounts up to €2,500, 10% for the next €2,500, and 5% for the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 15.1 - Pay Later via Klarna
Payment must be made within the specified payment term to Klarna Bank AB (hereinafter referred to as “Klarna”). All rights relating to the claim have been transferred to Klarna, who will handle the collection of the claim. Your data will be checked and registered by and/or on behalf of Klarna. This data may be used for the collection of claims and order verification in accordance with the acceptance policy of affiliated organizations. Klarna reserves the right to refuse the customer's request to pay on account. The payment term is a strict deadline. If payment is not made on time, the customer will be in default without the need for a reminder, and Klarnais entitled to charge statutory commercial interest from the invoice due date (with any part of a month counted as a full month). Klarna is also entitled to charge extrajudicial collection costs as per the law. For business customers, Klarna is also entitled to charge reminder and collection fees, without prejudice to Klarnaright to charge the actual costs if these exceed the amount calculated. These costs amount to at least 15% of the principal sum, with a minimum of €40 for consumers and €75 for businesses. Klarna is also entitled to transfer the claim to a third party. The provisions above concerning Klarna also apply to the third party to whom the claim is transferred.

You must be at least 18 years old to use this service. If you pay on time, you avoid additional costs and ensure you can use Klarna services again in the future.

Article 16 - Complaints Procedure
The entrepreneur has a sufficiently well-known complaints procedure and handles complaints according to this procedure.
Complaints regarding the performance of the agreement must be fully and clearly submitted to the entrepreneur within 7 days after the consumer has detected the defects.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute will arise, which is subject to the dispute resolution procedure.

In case of complaints, the consumer must first contact the entrepreneur. If the web shop is a member of WebwinkelKeur and complaints cannot be resolved through mutual agreement, the consumer should contact the WebwinkelKeur Foundation (webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has an active membership at https://www.webwinkelkeur.nl/leden/. If no resolution is reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by the WebwinkelKeur Foundation. The decision of this committee is binding, and both the entrepreneur and consumer agree to this binding decision. The consumer is responsible for paying the costs of submitting a dispute to this committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at their discretion.

Article 17 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer that are subject to these general terms and conditions.

Article 18 - Data
The personal and/or business data processed by Maison KOOS in the course of business operations are (also) used by the entrepreneur or third parties to whom claims have been transferred, for or in relation to:
a) Risk analysis
b) The prevention, detection, and combating of fraud or irregularities

Article 19 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be documented in writing or in such a way that they can be stored by the consumer on a durable data carrier.