Terms of service

Terms and Conditions - KingsPower

 

Table of contents:

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 - Obligations of the consumer during the cooling-off period

Article   8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article   9 - Obligations of the trader in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional guarantee

Article 13 - Delivery and performance

Article 14 - Long-term transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional contract: a contract 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 supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Long-term contract: a contract for the regular supply of goods, services and/or digital content over a certain period;
7. Durable medium: any means, including email, that enables the consumer or trader to store information addressed to them personally in a way that allows future reference or use during a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
9. Trader: the natural or legal person offering products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, in which, up to and including the moment the contract is concluded, exclusive or joint use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be provided if the consumer does not have a right of withdrawal with respect to their order;
12. Technique for distance communication: a means that can be used to conclude a contract without the consumer and trader having to be in the same place at the same time.

 

Article 2 - Identity of the trader

Trader name; KingsPower

Trading under the name(s); KingsPower / realkingspower / Pashito

Business address; Eikenlaan 98, 3203BM, Spijkenisse, Netherlands

Email address: info@realkingspower.com

Chamber of Commerce (KvK) number: 94581339

VAT identification number: NL005093021B40

 

Article 3 - Applicability

1. These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the terms and conditions can be viewed at the trader's premises, and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be viewed electronically, and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
4. In the event that, in addition to these terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions the consumer may always invoke the applicable provision that is most favourable to them.

 

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the accompanying conditions.
2. If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
4. Within statutory limits, the trader may inform itself as to whether the consumer is able to fulfil their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to conclude the contract, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
5. The trader 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 stored by the consumer in an accessible manner on a durable medium:
6. the visiting address of the trader's premises where the consumer can lodge complaints;
7. the conditions under which, and the way in which, the consumer can exercise the right of withdrawal, or a clear notice regarding exclusion from the right of withdrawal;
8. the information regarding guarantees and existing after-sales service;
9. the price, including all taxes, of the product, service or digital content; insofar as applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
10. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model withdrawal form.
12. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

For products:

1. The consumer can dissolve a contract relating to the purchase of a product during a cooling-off period of 30 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
   • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with a different delivery time.
   • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
   • for contracts for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:

1. The consumer can dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium during 30 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
2. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

1. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
2. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for depreciation of the product if the trader has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the contract.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises their right of withdrawal, they will report this within the cooling-off period by means of the model withdrawal form or in another unambiguous way to the trader.
2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product itself. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water or electricity, not made ready for sale and put up in a limited volume or quantity, begins during the cooling-off period, the consumer owes the trader an amount that is proportional to that part of the obligation that has been fulfilled by the trader at the time of withdrawal, compared to full performance of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale and put up in a limited volume or quantity, or for the supply of district heating, if:
8. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form, or;
9. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
10. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
11. they had not, prior to its supply, expressly agreed to the commencement of performance of the contract before the end of the cooling-off period;
12. they had not acknowledged that they would lose their right of withdrawal upon giving their consent; or
13. the trader has failed to confirm this statement from the consumer.
14. If the consumer exercises their right of withdrawal, all additional contracts are dissolved by operation of law.

 

Article 9 - Obligations of the trader in case of withdrawal

1. If the trader enables notification of withdrawal by the consumer electronically, it will send an acknowledgement of receipt without delay upon receipt of this notification.
2. The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and within 14 days following the day on which the consumer notified them of the withdrawal. Unless the trader offers to collect the product itself, it may wait to refund until it has received the product or until the consumer demonstrates that they have returned the product, whichever comes first.
3. The trader uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

 

Article 10 - Exclusion of the right of withdrawal

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

1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
2. Contracts concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the trader to the consumer, who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after complete performance of the service, but only if:
4. the performance began with the express prior consent of the consumer; and
5. the consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the contract;
6. Package travel contracts as referred to in Article 7:500 of the Dutch Civil Code (BW) and contracts for passenger transport;
7. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
8. Contracts relating to leisure activities, if the contract provides for a specific date or period for their performance;
9. Products manufactured according to consumer specifications, that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
10. Products that spoil quickly or have a limited shelf life;
11. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
12. Products that, after delivery, are, by their nature, irrevocably mixed with other products;
13. Alcoholic beverages for which the price was agreed at the conclusion of the contract, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
14. Sealed audio, video recordings and computer software whose seal has been broken after delivery;
15. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
16. The supply of digital content other than on a tangible medium, but only if:
17. the performance began with the express prior consent of the consumer; and
18. the consumer has declared that they thereby lose their right of withdrawal.

 

Article 11 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated with the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
5. they result from statutory regulations or provisions; or
6. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services are inclusive of VAT.

 

Article 12 - Compliance with the contract and additional guarantee

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfil its part of the contract.
3. Additional guarantee means any undertaking by the trader, its supplier, importer or producer that grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the contract.

 

Article 13 - Delivery and performance

1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. With due observance of what is stated about this in Article 4 of these terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notice of this at the latest 30 days after having placed the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
4. Following dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

 

Article 14 - Long-term transactions: duration, termination and renewal

Termination:

1. The consumer can terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
3. The consumer can, with respect to the contracts referred to in the previous paragraphs:
   • terminate at any time and not be limited to termination at a specific time or during a specific period;
   • terminate at least in the same way as they entered into them;
   • always terminate with the same notice period as the trader has stipulated for itself.

Renewal:

1. A contract entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
2. Notwithstanding the previous paragraph, a contract entered into for a definite period that extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
3. A contract entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the contract extends to the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.
4. A contract with a limited duration for the regular delivery of daily, news and weekly papers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

1. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

 

Article 15 - Payment

1. Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days of the conclusion of the contract. In the case of a contract to provide a service, this period starts on the day after the consumer has received confirmation of the contract.
2. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. Where advance payment is stipulated, the consumer cannot assert any right whatsoever regarding the performance of the relevant order or service(s) before the stipulated advance payment has taken place.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
4. If the consumer does not fulfil their payment obligation(s) in time, and after the trader has pointed out the late payment to them and the trader has granted the consumer a period of 14 days to still fulfil their payment obligations, then, after payment has not been made within this 14-day period, statutory interest is owed on the amount still outstanding, and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The trader may deviate from the amounts and percentages mentioned in favour of the consumer.

 

Article 16 - Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days, counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
4. The consumer must, in any case, give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

1. Dutch law exclusively applies to contracts between the trader and the consumer to which these terms and conditions relate.

 

Article 18 - Additional or deviating provisions

Additional provisions or provisions that deviate from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium. 

This translation is provided for your convenience. In case of any discrepancy, the original Dutch version of this policy shall prevail.