Article 1 – Thefinities

 

Article 1 - Definitions


In these general terms and conditions the following definitions apply:



Cooling-off period: the period within which the consumer can make use of his right of withdrawal;



Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;



Day: calendar;



Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.



Durable medium: any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.



Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period under certain conditions



Entrepreneur: the natural or legal products and / or remote services and consumer services;



Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication


Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.



General Terms and Conditions: these general terms and conditions of the entrepreneur.



Article 2 - Identity of the entrepreneur


Greenky Online

Rietgras 28, 2498EG The Hague;

Email address: Info@kymocleaning.com 

Chamber of Commerce number: 92259472

VAT identification number: NL865961335B01



Article 3 - Applicability


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



Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer



If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically


be sent electronically or otherwise free of charge.



In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.



If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these general terms and conditions will remain in force for the remainder and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.



Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.



Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.

 

Article 5 - The Agreement

 

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

 

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

 

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reason or to impose special conditions on its execution.

 

The entrepreneur will send the following information to the consumer along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

 

1. the visiting address of the entrepreneur's establishment where consumers can go with complaints;

1. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

 

1. The information about guarantees and existing post-purchase service;

 

1. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

 

1. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration

 

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

 

Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

 

Article 6 - Right of withdrawal

 

When purchasing products, the consumer has the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the product is received by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

 

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

If the consumer wishes to exercise their right of withdrawal, they are obligated to notify the entrepreneur of this within 30 days of receiving the product. The consumer must make this notification in writing.

Email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.

 

If the customer has not indicated that they wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

 

Article 7 - Cost in case of revocation

 

If the consumer exercises his right of withdrawal, the costs for returning the products are for the account of the consumer.

 

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after cancellation. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided.

 

Article 8 - Exclusion of right of withdrawal

 

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in this agreement.

 

Exclusion of the right of withdrawal is only possible for products:

 

1. which have been created by the entrepreneur in accordance with the consumer's specifications;

 

1. that are clearly personal in nature;

 

1. that can not be returned due to their nature;

 

1. that spoil or become obsolete;

1. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

 

1. for individual newspapers and magazines;

 

1. for audio and video recordings and computer software where the consumer has broken the seal

 

1. for hygiene products such as the stain remover that the consumer has already used

 

Exclusion of the right of withdrawal is only possible for services:

 

1. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;

 

1. the supply of which has commenced with the express consent of the consumer before the cooling-off period has expired;

 

1. regarding bets and

 

Article 9 - The price

 

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

 

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

 

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

 

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

1. they are the result of legislation or regulations; whether

 

1. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect

 

The prices stated in the offer of products or services include VAT.

 

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

 

Article 10 - Conformity and Warranty

 

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.

 

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

 

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

 

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

 

The guarantee does not apply if:

The consumer has repaired and/or edited the delivered products himself and/or has had them repaired and/or edited by third parties;

 

The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

 

The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and execution

 

The entrepreneur will take the greatest possible care when receiving and executing orders for products.

 

The place of delivery is the address that the consumer has provided to the company.

 

Subject to the provisions of Article 4 of these terms and conditions, the company will fulfill accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.

 

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

 

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Duration Transactions: Duration, Termination and Extension

 

Termination

 

The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.

 

The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.

 

The consumer may, in the agreements referred to in the previous paragraphs:

 

cancel at any time and not be limited to cancellation at a specific time or during a specific period;

 

at least cancel them in the same manner as they were entered into by him;

 

always cancel with the same notice period as the entrepreneur has stipulated for himself.

 

Extension

 

An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

 

By way of exception to the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly terminated.

extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.

 

An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement provides for the regular, but less than monthly, delivery of daily newspapers, news and weekly newspapers and magazines.

 

A limited-term agreement for the regular delivery of daily newspapers, news and weekly magazines and periodicals (trial or introductory subscription) will not be tacitly continued and will end automatically 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 reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 - Payment

 

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to inArticle 6 paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

 

The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

 

In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the consumer reasonable costs made known in advance.

Article 14 - Complaints

 

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

 

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

 

If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.

 

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

 

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

 

Article 15 - Disputes

 

Contracts between the entrepreneur and the consumer covered by these terms and conditions apply exclusively to Dutch law. Even if the consumer is living abroad.