Terms of Service
Definition and scope
1.1 In the General Terms and Conditions, the following terms have the following meanings:
- a) Offer: the products offered by the agent;
- b) Representative, which, as an agent, facilitates agreements on the delivery of the supplier's products through the website;
- c) Order: the product ordered by the buyer for which a contract has been concluded;
- d) Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- e) Consumer: the natural person who is not acting in the exercise of a profession or company and who concludes a distance contract with a representative
(f) Dropshipping: The buyer places an order through the website, whereby the agent receives an order and the power of attorney to act as an agent and therefore not for the account and risk of the agent, an agreement between the buyer and the supplier for one or to conclude multiple products, with payment under the agreement being made by the agent and the supplier delivering the product directly to the buyer;
- g) "Form" is the withdrawal form that the provider makes available to a consumer who wishes to exercise his right of withdrawal, in accordance with the annex to the conditions.
(h) "Right of withdrawal" means the possibility for the consumer to withdraw from the contract within the cooling off period;
(i) "Buyer" means the person with whom a contract is entered into on behalf of the supplier.
- j) Supplier: the supplier of a product;
- k) "Agreement": an agreement to be entered into or to be entered into between the Buyer and the Supplier through an agent for the purchase of products in which one or more means of distance communication are used solely for the purpose of concluding the agreement
(l) Product: a product, that the supplier offers via the website by means of dropshipping;
- m) in writing: any digital communication using characters that can be stored on a durable medium and from which the representative can determine the method to be used;
(n) General Terms and Conditions: these general terms and conditions for the dispatch of goods by Kuvrd Camera as an agent.
1.2 The general terms and conditions apply to every offer by the agent, every order and every agreement, including all additions or changes and all subsequent agreements.
1.3 The applicability of general or (purchase) conditions of the agent's buyer is expressly rejected.
1.4 The general terms and conditions are written in English and in the following other languages:
1.5 Articles 11.5, 11.6, 12, 13 and 14 of the Conditions only apply to consumers.
1.6 If one or more provisions of the General Terms and Conditions are at any time wholly or partially void or contestable, the contract and these General Terms and Conditions will otherwise remain in force and the relevant provision will be immediately replaced by a provision which, by mutual agreement, corresponds to the meaning and purpose comes as close as possible to the original purpose.
2 drop shipments
2.1 The details of the provider are listed on the website.
2.2 If the supplier is not based in the same country, the product ordered will be registered in the name of the buyer. All additional charges, such as sales tax, customs clearance charges, and other government charges, are the responsibility of the buyer.
2.3 The prices quoted in the offer do not include VAT and other government taxes and do not include shipping and any transport and packaging costs, unless expressly stated otherwise.
2.4 Payment of the order is handled by an agent, with the agent paying the supplier on behalf of the buyer.
2.5 The difference in fees between the amount paid by the buyer for the order and the amount paid by the agent to the supplier is not the same and is considered as compensation for the services provided by the agent.
3.1 Each agent offer has a limited period of validity, ie until the point in time at which a product is no longer in stock or is no longer available from the provider ("op is op") or can no longer be ordered via the website.
3.2 If an offer is made under certain conditions, this will be expressly mentioned in the offer.
3.3 Every offer is non-binding. The contractor is entitled to change the offer at any time.
3.4 Each offer contains a complete and as precise as possible description of the products in order to enable the buyer to make a correct assessment. Images of the products are a faithful representation of a product. The agent cannot guarantee that the colors shown will exactly match the real colors of a product. When the buyer places an order, the buyer could judge the product, the picture and the description of the product according to the above.
3.5 All images and descriptions of a product are indicative and, in the event of inaccuracies and / or deviations, cannot be grounds for compensation or termination of the contract, unless there are deviations from the essential characteristics of the product to such an extent that it is actually a different product than what the buyer intended to order.
3.6 An offer that the Buyer could reasonably have expected, should have understood, or should have understood that there was an obvious error in that offer, need not be accepted by the Buyer. The buyer cannot derive any rights from such an error or mistake.
4.1 Subject to the provisions of Article 4.5, a contract is deemed to have been concluded at the time of acceptance of the offer and the placing of the order by the buyer and compliance with the specified conditions.
4.2 The contract is concluded in English unless the representative offers the conditions and further communication via the website in another language. In the latter case, the contract can also be concluded in a language of the buyer's choice and the buyer can also communicate with the agent in this language.
4.3 If the buyer accepts the offer electronically, the real estate agent immediately confirms receipt of the acceptance electronically, with which the contract is concluded. As long as the receipt of the acceptance has not been confirmed by the broker, the buyer can dissolve the contract.
4.4 The broker takes suitable technical and organizational measures to secure the electronic data transfer and ensures a safe environment. The agent takes appropriate security measures if the buyer is able to pay electronically.
4.5 The broker can receive information about whether the buyer is able to meet his payment obligations, as well as about everything that could be relevant for the responsible conclusion of the contract. If the representative has good reasons not to conclude the contract, he is entitled to refuse acceptance or order or to attach special conditions to execution.
4.6 The buyer must ensure that all information which the agent claims to be necessary or which the buyer should reasonably believe is necessary for the execution of the contract is made available to the agent in a timely manner. If this information is not provided to the agent in a timely manner, the agent has the right to suspend performance of the contract and / or charge the buyer for any additional costs incurred as a result of the delay, in accordance with the agent's standard rates.
4.7 The broker is not liable for damages of any kind resulting from the fact that the broker relied on incorrect and / or incomplete information from the buyer, unless the broker was aware of this inaccuracy or incompleteness.
5.1 The prices stated in the offer are based on the cost factors applicable at the time the contract is concluded, such as import and export duties, freight and unloading costs, insurance and any duties and taxes. All advantageous and disadvantageous differences at the time of arrival, departure or delivery benefit or are at the expense of the buyer.
5.2 The prices of the offers are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the contractor is not obliged to deliver the product at the wrong price.
5.3 A composite offer does not oblige the agent to deliver part of the goods contained in the offer or in the cost estimate at a corresponding part of the stated price.
- Conformity and Warranty
6.1 Subject to the relevant information in the General Terms and Conditions, the products must comply with the contract, the specifications mentioned in the offer, the reasonable requirements for reliability and / or usability as well as the legal provisions and regulations applicable on the day the contract was concluded.
6.2 The representative points out that certain products have a limited best-before date, which is then indicated on the product in question. The buyer must take into account this best-before date, within which the quality and safety of the product can be guaranteed according to the supplier's guarantee.
6.3 Any defects or incorrectly delivered products must be reported to the representative in writing within four (4) weeks of delivery. The products must be returned in their original packaging and in new condition.
6.4 The agent's warranty period is the same as the manufacturer's warranty period. However, the agent is never responsible for the ultimate suitability of the products for individual use by the purchaser, nor for any advice regarding the use or application of the products.
6.5 In the event of a warranty claim, the representative will provide replacement or repair at his own discretion. In the event of an exchange, the buyer undertakes to send the replaced item back to the agent.
6.6 The guarantee does not apply if
- a) the buyer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties
- b) the delivered products have been exposed to abnormal conditions or otherwise negligently or contrary to the instructions of the agent and / or on the packaging have been treated;
- c) the defect is wholly or partly due to regulations which the government has issued or will issue regarding the nature or quality of the materials used.
- Delivery and execution
7.1 The agent will process orders for products with the greatest possible care.
7.2 The place of delivery is the address that the buyer gave the agent when placing the order.
7.3 The broker will immediately pass on accepted orders and have them carried out.
7.4 All delivery times are indicative. Deliveries of products from a country other than the Netherlands may have longer delivery times than those indicated on the website. This time depends on the delivery time of the supplier. The buyer cannot derive any rights from any of the periods mentioned.
7.5 If an order cannot be carried out or only partially carried out, the buyer will be informed within 30 days of the order being placed.
7.6 The contractor is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. The contractor is entitled to invoice the goods delivered in this way separately. Exceeding a period does not entitle the buyer to compensation.
7.7 The delivery times stated on the website are only indicative.
7.8 Exceeding the specified delivery time does not give the buyer the right to dissolution or compensation, unless expressly agreed otherwise.
7.9 In the event of dissolution in accordance with the provisions of paragraph 3 of this article, the agent will refund the amount paid by the buyer as soon as possible, but no later than 14 days after the dissolution.
7.10 If delivery of an ordered product is impossible, the agent will make every effort to provide a replacement product. At the latest at the time of delivery, it will be stated clearly and understandably that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The agent is responsible for the return shipping costs.
7.11 The risk of damage and / or loss of products remains with the agent until the time of delivery to the buyer or a representative appointed in advance and notified to the agent, unless expressly agreed otherwise. The acceptance of goods without comments on the waybill / invoice is considered proof that the packaging was in good condition at the time of delivery.
8.1 Unless otherwise agreed, the amounts owed by the buyer under the agreement are to be paid immediately after the order has been placed.
8.2 The buyer is obliged to report any inaccuracies in the specified or specified payment data to the agent immediately.
8.3 If the buyer does not meet his payment obligation (s) on time, he owes the statutory interest on the amount still owed after the broker has informed him of the delay in payment and after the broker has given the buyer a reasonable period to meet his payment obligations, and if the buyer is not a consumer, the interest is the statutory commercial interest and the broker is entitled to charge the extrajudicial collection costs incurred by or on behalf of the broker. The collection costs are calculated in accordance with the law and the regulation on compensation for extrajudicial collection costs.
- Regulations Regarding the Website and the Products
9.1 The agent is not responsible for errors and / or irregularities in the functionality of the website. The agent is not responsible for any malfunction or unavailability of the website for any reason.
9.2 The contractor is not responsible for the correct and complete transmission of the content of emails or other digital communications sent by / on behalf of the contractor, nor for their timely receipt.
9.3 All claims of the buyer due to defects on the part of the contractor expire if they are not communicated in writing to the contractor within one (1) year after the buyer knew or could reasonably have known the facts on which he is based his claims.
9.4 The contractor expressly rejects any liability and claims from buyers and third parties who have suffered (physical) damage as a result of careless, improper or unnecessary use of the products. The products may only be used in accordance with the instructions for use.
9.5 The contractor recommends that the buyer always read the instructions for use before use and act accordingly. The products must be stored and used in accordance with the instructions for use.
9.6 Any advice on the use of the products is of a general and non-binding nature. The buyer must judge for himself and on his own responsibility whether a product is suitable for him. If in doubt about the use of a product, the supplier or the purchaser's general physician should be contacted for an assessment for use in a specific case.
9.7 Certain products, such as very small products, external care products and electrical appliances, should be kept out of the reach of young children.
9.8 The agent advises the buyer at any time, but in any case in the case of pregnancy, breastfeeding, taking medication and in case of doubt in the event of hypersensitivity to one of the components, to consult an expert before using products such as cosmetic care products after reading the instructions for use.
- Force majeure
10.1 The real estate agent is not liable to the buyer if obligations under the contract cannot be fulfilled due to force majeure. Force majeure means in any case:
- a) Force majeure on the part of the provider;
- b) government measures and restrictions;
- c) power failure;
- d) Failure of the Internet, the data network and the telecommunications facilities, e.g. due to cyber crime and hacking;
- e) natural disasters;
- f) war and terrorist attacks;
- g) General transport problems and restrictions;
- h) Strikes by suppliers or agents; and
(i) other situations over which the agent has no control and which temporarily or permanently prevents the fulfillment of the obligations.
10.2 Suspension of contractual obligations during the period in which the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the contract without any obligation to compensate the other party or the agent.
10.3 If the contractor has already partially fulfilled its contractual obligations at the time of the occurrence of the force majeure or is able to fulfill them at the time of the occurrence of the force majeure, and the part already fulfilled or to be fulfilled has an independent value, is the The contractor is entitled to invoice the part already fulfilled or to be fulfilled separately. The buyer is obliged to settle this invoice as if it were a separate agreement.
11.1 The buyer's personal data is entered into a database. These data are primarily used for the implementation of the agreement. Upon request, the representative can send the buyer information about his products, such as newsletters and offers. The buyer can object to the use of personal data for direct marketing purposes and / or the (further) receipt of (certain) marketing information at any time by sending a cancellation request to the agent.
11.2 The buyer agrees to the use of electronic means of communication. The buyer acknowledges that, despite all reasonable security measures taken by the agent, electronic communication is not secure and can be intercepted, tampered with, infected, delayed or misdirected, including by viruses and spam filters. Nor can an agent offer absolute security against unauthorized viewing.
11.3 The agent must take suitable measures to ensure the confidentiality and secure storage of (personal) data.
11.4 As part of the performance of the contract, (personal) data can also be transferred to countries outside the European Union, e.g. to a supplier in China, as otherwise the contract between buyer and supplier cannot be executed and the supplier cannot deliver the order to the buyer . However, the contractor will give contractual guarantees in this regard.
11.5 A buyer who is a consumer has the right to request the agent in writing to grant access to the personal data processed by the agent and / or (if applicable) to correct, amend, remove or check this data. A request for access and / or correction should be directed to the agent's management. At the first request of the buyer, the registered personal data will be made available, corrected or removed.
11.6 The personal data of the buyer, who is a consumer, will not be passed on to third parties, unless the agent is obliged to do so by or due to applicable laws and regulations or it is necessary for the execution of the contract.
12.1 For consumers, the prices are given without VAT, taxes and shipping costs.
12.2 Before a contract is concluded with a consumer, the text of the terms and conditions is made available to the consumer (electronically) in such a way that the consumer can easily save it on another durable medium. If this is not reasonably possible, it must be stated before the conclusion of the contract where and how the terms and conditions can be viewed electronically and that the terms and conditions can be sent electronically or otherwise free of charge at the request of the consumer.
12.3 For the benefit of the consumer, the contractor provides the following information via the website or at least ensures that this information can be stored on a permanent data carrier in an accessible manner
(a) the conditions under which and how the consumer can lodge a complaint
; (b) the conditions under which and how the consumer can exercise his right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- c) information on guarantees and after-sales services; and
- d) the form.
12.4 To exercise all legal rights that the consumer has against the provider, the consumer can turn to a representative, provided that this is in accordance with the provisions of the conditions.
12.5 Any guarantee given by or on behalf of the agent or supplier does not affect the consumer's statutory rights under the agreement against the agent.
12.6 If Article 7.5 is applied, the Buyer, who is a consumer, has the right to dissolve the agreement free of charge in relation to products that are not available or are not available within a reasonable period.
12.7 The intermediary may deviate from Article 8.3 in favor of the consumer with regard to the collection costs to be charged to the consumer.
- Right of withdrawal
13.1 When purchasing products, the buyer, who is a consumer, has the option of dissolving the contract without giving any reason within a period of 14 days. This reflection period begins on the day after receipt of the product by the consumer or a representative previously appointed by the consumer, who is communicated to the representative.
13.2 During the reflection period, the consumer must handle the product and its packaging carefully. He will only unpack or use the product to the extent necessary to assess the question of whether he wants to keep the product. If he makes use of his right of withdrawal, the consumer will return the product to the representative with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the representative's reasonable instructions.
13.3 If the consumer wishes to exercise his right of withdrawal, he must inform the representative of this within 14 days of receiving the product using the form. As soon as the consumer has announced that he is making use of his right of withdrawal, he must return the product to the agent or supplier within 14 days. The consumer must prove that the delivered products were returned on time.
13.4 If, after the expiry of the periods referred to in Articles 13.2 and 13.3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the representative, the purchase is a fact.
13.5 The following products are excluded from the right of withdrawal:
- a) Products that are clearly personal in nature;
- b) Products that cannot be returned due to their nature;
- c) products subject to rapid spoilage or rapid aging;
- d) Products whose price is subject to fluctuations in the financial market and which are beyond the control of the agent;
- e) Audio and video recordings and computer software whose seal was broken after delivery
- f) Sealed products that are unsuitable for return for reasons of health or hygiene and whose seal was broken after delivery;
- g) Products that are manufactured according to consumer specifications at the request of consumers.
- Withdrawal costs
14.1 If a consumer makes use of his right of withdrawal, he has to bear the costs of returning the goods.
14.2 If a consumer has paid an amount, the intermediary will refund this amount to the consumer as soon as possible, but no later than 14 days after receipt of the revocation. The refund will be made using the same payment method that was used for the purchase, unless the consumer expressly agrees to another payment method and the intermediary accepts that method. To be eligible for a refund, the product must have already been received by the agent or supplier, or conclusive evidence of the full return must be provided.
14.3 In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
- Complaints and disputes
15.1 If the buyer has a complaint, the buyer must notify the agent in writing.
15.2 A complaint does not suspend the obligations of the buyer or his agent, unless the agent specifies otherwise in writing.
15.3 A complaint regarding the performance of the contract must be submitted in writing and stating the reasons within seven (7) days after the buyer has discovered the defects.
15.4 A complaint will be answered by the agent within 14 days of receipt. If a complaint is likely to have a longer processing time, the complainant will be informed within 14 days and informed of the period within which the complaint will be processed.
15.5 A representative has at least four (4) weeks to resolve a complaint amicably at any time. After this period, the complaint will be considered a dispute within the meaning of Article 15.8.
15.6 If the representative declares a complaint to be well founded, he will, at his discretion, replace or repair the delivered products free of charge. If a complaint cannot be resolved through mutual consultation, the complaint will be considered a dispute within the meaning of Article 15.8.
15.7 If the complainant is a consumer, he can also contact an arbitration commission via the European ODR platform (https://ec.europa.eu/consumers/odr/).
15.8 All disputes arising out of or in connection with the contract or to which the terms and conditions apply will be resolved exclusively and regardless of the place of residence of the buyer or a third party in accordance with Canadian law, with the court having jurisdiction to the exclusion of all other courts unless provisions of mandatory law establish the jurisdiction of another court.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: firstname.lastname@example.org.