Introduction
Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website. The Terms and Conditions contain important information for you as a buyer. Therefore, read it carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Definitions
Knuffelmakers: established in Haarlem and registered with the Chamber of Commerce under registration number 67611001 trading under the name Knuffelmakers.
Website: the website of Knuffelmakers, which can be consulted via knuffelmakers.nl and all associated subdomains.
Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with Knuffelmakers and/or has registered on the Website.
Agreement: every arrangement or agreement between Knuffelmakers and the Customer, of which agreement the General Terms and Conditions form an integral part.
Design: A proposal that Knuffelmakerssends to the Customer by e-mail, on which feedback can be given.
End Product: The product that Knuffelmakers delivers to the Customer on the basis of the agreement that has been given on the Design. .
General Terms and Conditions: the present General Terms and Conditions.
Article 1. Applicability of General Terms and Conditions
1.1. The General Terms and Conditions apply to all offers, Agreements and deliveries of Knuffelmakers, unless expressly agreed otherwise in writing.
1.2. If the Customer includes provisions or conditions in its order, confirmation or communication containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for Knuffelmakers if and insofar as they have been expressly accepted by Knuffelmakers in writing.
1.3. In case the specific product or service conditions apply in addition to these General Terms and Conditions, those terms and conditions also apply, but in the event of conflicting terms and conditions, the Customer can always invoke the applicable provision that is most favorable to him or her.
Article 2. Prices and information
2.1. All prices stated on the Website and in other materials originating from Knuffelmakers include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
2.2. If shipping costs are charged, this will be clearly stated in good time before concluding the Agreement. In addition, these costs will be shown separately in the ordering process.
2.3. The content of the Website has been compiled with the utmost care. However, Knuffelmakers cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Knuffelmakers are therefore subject to obvious programming and typing errors.
2.4. Knuffelmakers cannot be held responsible for (color) deviations as a result of screen quality.
Article 3. Formation Agreement
3.1. The Agreement is concluded at the moment of acceptance by the Customer of the offer from Knuffelmakers by sending the order form to Knuffelmakers and meeting the conditions set by Knuffelmakers.
3.2. If it appears that incorrect information has been provided by the Customer when accepting or entering into the Agreement in any other way, Knuffelmakers has the right to only fulfill its obligation after the correct information has been received.
3.3. Knuffelmakers can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, Knuffelmakers has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation, such as prepayment.
Article 4. Execution Agreement
4.1. As soon as the order has been received by Knuffelmakers, Knuffelmakers will send the Design for the products in accordance with the specifications as received from the Customer, with due observance of the provisions of paragraph 4 of this Article as soon as possible. The Customer remains responsible for sending the correct and as complete as possible specifications, on the basis of which the Design is made.
4.2. If the Customer believes that the Design does not comply with the Agreement, it will inform the Knuffelmakers of this as soon as possible after receipt. In this case, the parties will consult in order to reach a reasonable solution. The starting point here is that the Design is based on the specifications supplied by the Customer and that Knuffelmakers has an obligation to process these as well as possible, while retaining its artistic freedom, which is so characteristic of Knuffelmakers. If Knuffelmakers deems the complaint justified, Knuffelmakers will adjust the Design. Knuffelmakers are not obliged to make adjustments to the design more than twice. If the request for adjustment of the Design is a result of the incorrect or incomplete supply of the requested specifications, or if the adjustment of the Design is at the request of the Customer, while Knuffelmakers has fulfilled its obligations, Knuffelmakers reserves the right to to charge additional costs to the Customer in connection with the additional adjustments. Naturally, these additional costs will first be submitted to the Customer for approval. In case that the parties cannot reasonably come to an agreement and the Design therefore does not result in the End Product, Knuffelmakers will refund 20% of the purchase amount to the Customer.
4.3. Knuffelmakers is entitled to engage third parties in the performance of the obligations arising from the Agreement.
4.4. The delivery period is 2 weeks after approval of the Design. The method of delivery can take place in different ways and is at the choice of Knuffelmakers.
4.5. The customer has the obligation to inspect the delivered products upon receipt and, in case of defects, to report these in writing to Knuffelmakers within a reasonable time. See also Article 7 below.
4.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk will pass upon transfer of the products.
Article 5. Right of withdrawal
5.1. The Customer has no right to dissolve the distance Agreement with Knuffelmakers now that the products have been created by Knuffelmakers in accordance with the Customer’s specifications.
Article 6. Payment
6.1. The Customer must make payments to Knuffelmakers in accordance with the payment methods indicated in the ordering procedure and possibly on the Website. Knuffelmakers is free in the choice of offering payment methods and these can also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
Article 7. Warranty and Conformity
7.1. This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If a separate guarantee is given on the products by Knuffelmakers, this applies to all types of Customers, without prejudice to the aforesaid.
7.2. Knuffelmakers guarantees that the products 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 existing on the date of the conclusion of the Agreement. If specifically agreed, Knuffelmakers also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
7.3. If, according to the Customer, the delivered product does not comply with the Agreement, the Customer must inform the Knuffelmakers of this within a reasonable period of time after he has discovered the defect. For completeness, failure to comply with the Agreement means that the delivered product deviates significantly from the design approved by the Customer or that the product has defects that prevent normal use. Knuffelmakers notes that there may be minimal color deviations between the approved design and the product.
7.4. If Knuffelmakers considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, with due observance of the Article regarding liability, is equal to the price paid by the Customer for the product.
Article 8. Complaints procedure
8.1. If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the service provided by Knuffelmakers, he/she can submit a complaint to Knuffelmakers by e-mail or post. See contact details at the bottom of the Terms and Conditions.
8.2. Knuffelmakers will give the Customer a response to his complaint as soon as possible, but in any case within 2 days after receipt of the complaint. If it is not yet possible to give a substantive or final response, Knuffelmakers will confirm the complaint within 2 days of receipt of the complaint and give an indication of the term within which it expects to provide a substantive or final response to the complaint. from Customer.
Article 9. Liability
9.1. This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business.
9.2. The total liability of Knuffelmakers towards the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to reimbursement of a maximum of the amount of the price stipulated for that Agreement (including VAT).
9.3. Liability of Knuffelmakers towards the Customer for indirect damage, including – but expressly not limited to – consequential damage, lost profit, missed savings, loss of data and damage due to business interruption, is excluded.
9.4. Apart from the cases referred to in the previous two paragraphs of this Article, Knuffelmakers has no liability towards the Customer for compensation, regardless of the grounds on which an action for compensation would be based. However, the restrictions referred to in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Knuffelmakers.
9.5. The liability of Knuffelmakers towards the Customer due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Customer gives Knuffelmakers immediate and proper written notice of default, stating a reasonable term to remedy the shortcoming, and Knuffelmakers also in the fulfillment of its obligations after that period. continues to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that Knuffelmakers is able to respond adequately.
9.6. A condition for the existence of any right to compensation is always that the Customer reports the damage to Knuffelmakers in writing as soon as possible, but no later than 30 days after it has arisen.
9.7. In the event of force majeure, Knuffelmakers is not obliged to pay compensation for any damage caused to the Customer as a result.
Article 10. Retention of Title Business Purchases
10.1. All delivered goods remain the property of Knuffelmakers until all claims that Knuffelmakers has against the Business Customer (including any related (collection) costs and interest) have been paid in full.
10.2. The Business Customer is not authorized to sell, deliver or otherwise alienate these items before the said transfer of ownership, other than in accordance with its normal business and the normal purpose of the items. In addition, the Business Customer is not permitted to pledge these items or to grant third parties any other right to them as long as the ownership of these items has not been transferred to the Business Customer.
10.3. The Business Customer is obliged to store the goods that have been delivered under retention of title carefully and as recognizable property of Knuffelmakers.
10.4. Knuffelmakers is entitled to take back the goods that have been delivered under retention of title and are still present at the buyer if the Business Customer does not ensure timely payment of the invoices or has payment difficulties or threatens to have them.
10.5. The Business Customer will at all times grant the Knuffelmakers free access to its goods for inspection and/or to exercise the rights of Knuffelmakers.
Article 11. Personal data
11.1. Knuffelmakers processes the personal data of the Customer in accordance with the privacy statement. This can be found here: knuffelmakers.nl/en/privacystatement
Article 12. Final provisions
12.1. Dutch law applies to the Agreement.
12.2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Knuffelmakers is located.
12.3. If a provision in these General Terms and Conditions proves to be null and void, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, which will give shape to the intention of the original provision as far as legally possible.
12.4. In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
Knuffelmakers
Paviljoenslaan 9
2012 JE Haarlem
e-mail: hallo@knuffelmakers.nl
Chamber of Commerce number: 67611001
VAT number: NL857092960B01