The following definitions apply in these general terms and conditions:
Article 1: Definitions
1.1. Seller: Koala & Co online store
1.2. Service point: Koala & Co, our store in Spijkenisse, Jan Campertlaan 31.
1.3. Buyer: any natural or legal person who places an order with the Seller;
1.4. Agreement: a purchase agreement between the Seller and the Buyer under which goods and/or services are delivered or performed to the Buyer.
Article 2: Application
2.1. These terms and conditions apply, to the exclusion of any other general terms and conditions, to any offer, order and any agreement between the Seller and the Buyer to which the Seller has declared the applicability of these terms and conditions, unless the parties have expressly agreed to deviate from these terms and conditions. These terms and conditions can also be consulted online, see the link: www.koalacoshop.com for general terms and conditions.
2.2. By placing an order with the Seller, the Buyer expressly agrees to the application and content of these general terms and conditions. Any deviations from the provisions of these general terms and conditions are only valid if they have been expressly agreed in writing.
2.3. Should one or more provisions of these general terms and conditions prove to be invalid or cancelled, the remaining provisions shall remain in full force and effect. Seller and Buyer will then enter into consultations to agree on new provisions to replace the invalid or voidable provisions, while respecting the purpose and meaning of the original provision as far as possible.
2.4. All rights and claims set out in these general terms and conditions and any further agreements for the Seller also apply to intermediaries and other third parties engaged by the Seller.
Article 3: Conclusion of the contract
3.1. All Seller’s offers are non-binding. The seller has the right to change prices, in particular when it is necessary on the basis of (legal) regulations.
3.2. The contract is concluded only after the Seller accepts the Buyer’s order. The seller has the right to refuse an order with a reason or to attach special conditions to the delivery. If the Buyer’s order is not accepted by the Seller, the Buyer will be informed of this fact within seven (7) days of receipt of the order by the Seller.
Article 4: Offers and Prices
4.1. The prices of the offered goods and services are expressed in euros, include VAT and do not include handling and shipping costs, any taxes or other charges, unless otherwise agreed or agreed in writing.
4.2. If the prices of the offered goods and services increase in the period between the placement of the order by the Buyer and the execution of the order by the Seller, the Buyer has the right to cancel the order or terminate the contract within fourteen (14) days after notification of the price increase by the Seller. If the Seller does not receive any notice from the Buyer within fourteen (14) days, the Buyer shall be deemed to have agreed to the price increase.
4.3. Any prices, specifications and/or other indications of goods and/or services provided by the Seller on its website are always made with due diligence. However, the seller cannot guarantee the correctness of this information or the fact that deviations may occur. The Seller is not bound by contracts concluded on the basis of incorrect information posted on its website, and therefore has the right to refuse to execute orders in this respect and / or destroy or terminate contracts concluded in this respect.
Article 5: Samples and models
5.1. If a sample or model has been shown or delivered to the Buyer, it is presumed that it has been provided as a guide only, unless it has been expressly agreed that the delivered goods will correspond to them.
5.2. The colors presented in the Seller’s online store may differ from the actual colors. The durability of the colors of the goods in the online store depends on the Buyer’s monitor and graphics card settings. The buyer can therefore not derive any rights from the colors displayed in the online store.
Article 6: Deliveries
6.1. The delivery will take place via post/courier to the Buyer, unless otherwise indicated, and will take place at the address indicated by the Buyer. Delivery by the Seller by post/courier is possible within the European Union.
6.2. The Seller is obliged to make the delivery in the manner indicated by the Buyer only after the Buyer has paid the full amount due to the Seller.
6.3. Upon delivery, the risk related to the delivered goods passes to the Buyer.
6.4. If the Buyer fails to collect the goods ordered by him or fails to do so on time at the agreed place and time of delivery, he is in default; in this case, the goods will be returned by the carrier to the seller’s address. In this case, the Seller is entitled to terminate the contract with the Buyer and reserves the right to compensation, unless the Buyer has terminated the contract referred to in art. 12.1.
Article 7: Delivery time
7.1. Delivery times given on the Seller’s website are indicative. The Buyer will receive his order immediately and no later than five (5) working days after the conclusion of the contract, unless the Seller indicates a different delivery date for the product. If the delivery time differs from the approximate delivery time stated on the website, the Buyer will be informed of this fact in due time. Exceeding the delivery date does not entitle the Buyer to compensation.
Article 8: Costs of delivery or assembly
8.1.For the delivery costs referred to in par. 2, if the Seller commissions the assembly of the goods ordered by the Buyer, the Buyer is obliged to cover the costs of assembly. The Seller will inform the Buyer about the amount of these costs when placing the order.
Article 9: Transportation and transport damage
9.1.The seller arranges appropriate transport and is responsible for the risk of damage or loss. The seller will take out transport insurance for this purpose.
9.2. If the Buyer finds defects upon receipt of the goods, the Buyer must report this and note it on the receipt. In addition, the Buyer must report this fact to the Seller within two (2) business days. If it is not possible to check the delivered goods upon delivery, the Buyer must indicate this on the receipt.
9.3.Article 11 deals with complaints not related to transport.
Article 10: Payment
10.1. When placing an order, the Buyer is obliged to pay the amount due to the Seller using the payment method specified on the website. The confirmation of the order by the Seller is also an invoice. The buyer is therefore obliged to pay the amount indicated therein.
10.2. The buyer must pay using one of the payment methods offered when placing the order. Further conditions (payments/orders) may be imposed on the Buyer’s order.
10.3. If the Buyer fails to pay the full amount owed to it within the aforementioned payment period, the Buyer will fall into default by operation of law without the need for a notice of default or summons. In this case, the Buyer will owe late payment interest of 1% per month or part of a month on the unpaid amount due from the Buyer until the date of full payment from the time of default. If the statutory interest is more than 12% per annum, the customer will be obliged to pay the statutory interest.
10.4. All costs of debt collection, including the full costs of legal assistance, both in court and out of court – regardless of who was provided – are borne entirely by the Buyer.
10.5. If the Buyer fails to make full payment on time, the Seller also has the right to suspend or terminate the relevant contract and any related contracts, without prejudice to the Seller’s right to claim compensation for the damage suffered by him.
Article 11: Warranties and Service
11.1. The Seller warrants that the goods sold and delivered to the Buyer meet the requirements of the user that can be reasonably determined with respect to those goods at the time of delivery.
11.2. If the manufacturer has established warranty conditions for the purchased and/or delivered goods, the Seller will inform the Buyer about them upon delivery, after which these provisions will become part of the sale and delivery contract between the Buyer and the Seller.
11.3. The Seller guarantees that craft work for the Buyer will be performed by qualified personnel.
11.4. Without prejudice to the provisions of this article, there is no guarantee that the wear and tear of the goods can be considered normal, and moreover in the following cases: – if changes have been made to the goods, including repairs, which are not approved by the Seller or the manufacturer; – if the defects of the goods are the result of non-compliance with the intended use or improper use; – if the damage to the goods was caused by willful misconduct, gross negligence or negligence of the Buyer.
11.5. The seller evaluates the complaint and determines the method of considering the complaint. If the Seller considers that the complaint is justified, it will act in accordance with any factory rules and/or wholesale guarantee or the complaint will be considered by the Service Point indicated by the Buyer.
Article 12: Approval Period/14 Days Return
12.1. After the Buyer receives the ordered goods, he has the right to terminate the contract with the Seller within fourteen (14) days of receipt of the goods. The buyer does not have to give a reason.
12.2. The Buyer’s authorization referred to in section 1 above, does not apply to goods that have been created according to the buyer’s specifications (customization), are clearly personal in nature or are not returnable due to their nature.
12.3. If the Buyer wants to terminate the contract on the basis of the provisions of Art. 12.1, the Buyer must notify the Seller of this fact in writing within the above fourteen (14) day period.
12.4. If the Buyer returns the goods to the Seller or requests the Seller to collect the goods, the related costs will be recovered from the Buyer.
12.5. If the Buyer has already made any payments at the time the Buyer terminates the contract with the Seller, the Seller shall reimburse the Buyer for such payments within thirty (30) days of the Seller’s receipt of the goods returned or returned by the Buyer.
12.6. The Seller reserves the right to refuse to accept the return or return of the goods or to return only part of the amount already paid, if there is a suspicion that the goods have already been opened, used or damaged due to the fault of the Buyer. In this case, the Seller has the right to deduct from the amount due to the Buyer the depreciation of the product caused by this damage.
Article 13: Termination within 7 days
13.1.If the Seller fails to deliver the ordered goods within seven (7) days from the date on which the Buyer placed the order with the Seller, the Seller is in default by law and the Buyer shall be entitled to terminate the contract with the Seller.
13.2.The Buyer does not have the right referred to in section 1, if the Seller has agreed with the Buyer a different delivery date or if the delay in delivery cannot be attributed to the Seller or the performance is no longer permanently possible.
13.3. If performance is permanently unavailable due to the unavailability of the purchased item, the Buyer must be informed immediately and the Buyer is entitled to a refund of the amount paid by him to the Seller. Seller shall reimburse Buyer for such payments within thirty (30) days of Seller notifying Buyer of the impossibility of delivery.
Article 14: Cancellation by the Buyer
14.1. In the event of unilateral withdrawal from the sales contract by the Buyer after 14 days, the Buyer will be obliged to pay compensation in the amount of 30% of the amount specified in the contract.
14.2. Resignation due to force majeure, termination of pregnancy or other medical reasons is always accepted upon presentation of a medical certificate. However, items must be returned in their original condition and packaging. No additional costs will be charged.
Article 15: Liability
15.1. The Seller shall not be liable for indirect damages incurred by the Buyer or third parties (including consequential damages, loss of sales and profits, loss of data and non-pecuniary damages), related to or arising from the contract or use of the goods ordered by the Buyer.
15.2.Without prejudice to other provisions of the contract, the Seller’s liability to the Buyer, regardless of the cause, for each event (where a series of related events counts as a single event) is limited to the purchase price of the product in question.
15.3. The Seller is not responsible for non-functioning or insufficient functioning of the website, telecommunications infrastructure and/or other errors in communication or their possible consequences. The content of the Seller’s website as well as the content of any other statements of the Seller on the Internet have been prepared with the utmost care. However, the seller cannot provide any guarantees as to the nature, correctness or content of this information. The Seller is therefore not liable for typical errors, inaccuracies, misunderstandings, delays or unclear information in orders and announcements resulting from the use of the Internet or other (electronic) means of communication in traffic between the Buyer and the Seller or for the consequences of using the information in question. The Seller further excludes any liability with regard to the advice and answers to questions provided, except in the event of willful misconduct or gross negligence on the part of the Seller.
Article 16: Retention of Title
16.1. Until the Buyer makes full payment, the goods remain the property of the Seller. The buyer is obliged to handle the goods with care and has no right to transfer these goods to third parties or as security, or to give them in the form of a loan or pledge, or to remove (or have them removed) from the areas in which they were delivered, until full payment is made the entire purchase price plus any additional costs.
Article 17: Force Majeure
17.1.The seller is not obliged to fulfill one or more obligations other than obligations to payment of money, if this is not possible due to force majeure. Force majeure is understood as an unculpable fault of the third parties or suppliers involved, as well as any situation over which the Seller cannot actually exercise (decisive) control.
Article 18: Privacy
18.1.The seller collects personal data (such as name, address, telephone number, e-mail address) as part of registering in the online store or when signing up for other commercial or non-commercial promotions.
18.2.Information provided during registration and participation in other promotions, commercial or otherwise, may be used for marketing purposes or made available to contractual parties. This information will then be used to improve services and provide personalized information.
18.3.If the Buyer’s personal data cannot be used, the Buyer may report it via the website. The buyer has the right to inspect their data and correct them.
18.4. The website may contain third party advertisements or links to other websites. The seller has no control over the privacy policies of these third parties or their websites. The seller is not responsible for this.
Article 19: Complaints
19.1.Complaints regarding the delivered goods, the Seller’s actions or otherwise, the Buyer may submit to the Seller with whom he placed the relevant order.
19.2After delivery of the ordered goods, the Buyer is obliged to immediately examine whether the Seller has duly fulfilled the contract, and is also obliged to immediately, but not later than within seven (7) days from the date of delivery, inform the Seller about the defects found. If the Buyer fails to do so, it is considered that the Seller has fully performed its obligations under the contract concluded between the parties.
Article 20: Governing Law and Choice of Court
20.1.Dutch law applies exclusively to all orders and contracts that the Seller concludes with the Buyer.
20.2.Any disputes arising from or related to the legal relationship between the parties to which these General Terms and Conditions apply shall be settled exclusively by the court in Breda.