Article I. General
Section 1.01 The present terms and conditions shall apply to each and every offer and agreement and their execution, insofar as Kidz Kraft B.V. , which is headquartered in Amsterdam, The Netherlands at T.T Vasumweg 122-1, has not explicitly deviated from the present terms and conditions in writing.
Section 1.02 Except for other clauses in these General Terms and Conditions, buyer’s purchase or other conditions are not applicable, unless these conditions are accepted by Kidz Kraft B.V. explicitly in writing.
Section 1.03 If one or more stipulations in the present general terms and conditions should be null and void or declared null and void, then the other stipulations of the present general terms and conditions shall remain fully applicable.
Article II. Ordering
Section 2.01 In folders, advertisements and on the internet, products of Kidz Kraft B.V. are being offered for sale in various amounts at a fixed price. In folders and on the internet an order form or electronic shopping cart is included, which must be completed by the buyer to order products of Kidz Kraft B.V. The order takes place by sending a completed order form to Kidz Kraft B.V. by facsimile, post or e-mail, or by completing the order process with the electronic shopping cart on the website of Kidz Kraft B.V. An exception to this rule is the buyer who contacts Kidz Kraft B.V. personally or by telephone to place an order. Kidz Kraft B.V. is not liable for any discrepancy or miscommunication with regards to orders taken via the telephone.
Section 2.02 When Kidz Kraft B.V. receives an order orally, in person or via the telephone, an order confirmation will be sent to the buyer by e-mail or facsimile. Thereafter the ordered product will be sent to the buyer together with an invoice.
Section 2.03 An agreement will be considered to be agreed upon as soon as Kidz Kraft B.V. has received a completed and signed order form from the buyer and has accepted the order. An exception to this rule is the buyer who places an order orally with Kidz Kraft B.V. (see article 2.01), because that buyer does not complete an order form or completes the electronic shopping cart process.
Section 2.04 Ordering in Multiples; where minimums are specified, ordering can only be done in multiples of the number indicated. Your multiples may be changed to the minimums without prior notification.
Section 2.05 Product numbers have been assigned to all products for electronic ordering. All orders must include the item code, vendor and product description in order to enable correct delivery.
Section 2.06 Orders are preferably received via our website www.kidzkraft.com or via email order@kidzkraft.com or by fax +31 20 3207372. It is also possible to receive a personal login to order via our website via www.kidzkraft.com. Concerning phone orders (+31 20 3207370), Kidz Kraft B.V. is not liable for any discrepancy/miscommunication in regards to orders taken over the phone.
Article III. Third parties
Section 3.01 If and in so far required for the proper execution of the agreement, Kidz Kraft B.V. shall have the right to have certain work done by third parties.
Section 3.02 The present terms and conditions shall also apply to all agreements with Kidz Kraft., the execution of which calls for the services of third parties.
Article IV. Terms of Delivery
Section 4.01 As soon as Kidz Kraft B.V. has received the order to deliver a product, the product will be sent within ten working days. If the product is not in stock, the delivery time will be extended with the period necessary to order receive required components to complete the order.
Section 4.02 The stated term of delivery can never be considered to be a fatal term.
Section 4.03 Returns - all sales are considered final. Claims of defects/shortages must be made within 6 working days of receipt of the goods. Returns must be pre-authorized by Kidz Kraft B.V. and are subject to a 20% restocking and shipment fees. Not pre-authorized returns will not be accepted.
Article V. Prices
Section 5.01 Kidz Kraft B.V. offers her products in various amounts at fixed prices, which are stated on the order form and on the website.
Section 5.02 In principle, a price will not be changed within three months after receipt of the order form a certain buyer. In case of price increases of the product, Kidz Kraft B.V. is entitled to charge these price increases to the buyer accordingly.
Article VI. Payment
Section 6.01 Payment must be made within 30 days from the date of invoice. If Kidz Kraft B.V. sells a product on a fair, the buyer must pay in cash. If a product has been delivered, but an invoice has not yet been sent, the buyer shall pay the fixed price within 30 days after delivery.
Section 6.02 If the buyer fails to fulfill his payment obligation within the term of payment, then the buyer shall be in default by operation of law without a note of default. In that event, the buyer shall owe an interest of 1% per (part of a) month including VAT, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply. Furthermore, Kidz Kraft B.V. reserves to herself all other rights.
Section 6.03 All reasonable administrative, judicial and extrajudicial costs shall be paid by the buyer. This includes costs she incur if Kidz Kraft B.V. must call in a third party to collect the indebted amount.
Section 6.04 Payment of an invoice will serve firstly of all to reduce the costs, subsequently to reduce the interest still due and finally to reduce the principal sum and the current interest.
Article VII. Cancellation
Section 7.01 If the buyer cancels the order and/or refuses to receive the delivered product, for whatever reason at all, the buyer remains obligated to pay the purchase money.
Article VIII. Intermediate trading
Section 8.01 An order to deliver a product, produced via an intermediate person or company, will only bind Kidz Kraft B.V. after prior confirmation of the order in writing by Kidz Kraft.
Article IX. Complaints
Section 9.01 The buyer shall inspect the product immediately after delivery. Kidz Kraft B.V. must be notified in writing of complaints about the delivered products by the buyer within three working days.
Section 9.02 Kidz Kraft B.V. supplies the usual quality of her products. If the buyer has a complaint about the delivered product, in relation to the amount or about the invoice, the buyer must notify Kidz Kraft B.V. of the complaint in writing within six working days after delivery. If the buyer does not notify Kidz Kraft B.V. of the complaint in proper time, the buyer’s right to complain expires.
Article X. Retention of title
Section 10.01 All products delivered by Kidz Kraft B.V. shall remain the property of Kidz Kraft B.V. as long as the buyer has not paid entirely the price agreed upon for the delivered products.
Section 10.02 If the buyer has not completely met his obligations, Kidz Kraft B.V. is entitled to exercise her right of recovery for the delivered products without judicial intervention. The buyer must give Kidz Kraft B.V. unhampered access to the delivered products.
Article XI. Force majeure
Section 11.01 Kidz Kraft B.V. is not accountable for any shortcoming or insufficiency, if the shortcoming is not due to her fault and cannot be attributed to her by virtue of law, a legal action or generally accepted practise. . In addition to the provisions of the law and the judge-made law in this respect, force majeure shall in the present general terms and conditions furthermore be understood to be any external circumstance, be it envisaged or not, on which Kidz Kraft B.V. cannot have any influence but which prevents Kidz Kraft B.V. from fulfilling the obligations. Industrial action within Kidz Kraft B.V. shall also be understood to be a circumstance of force majeure.
Section 11.02 If the circumstances of force majeure have a temporary nature, Kidz Kraft B.V. shall be entitled to suspend the execution of the agreement until the circumstances that present force majeure do not occur anymore.
Section 11.03 If the circumstances of force majeure have a permanent nature, parties can make an arrangement to dissolve the agreement and the consequences resulting from that agreement.
Article XII. Liability
Section 12.01 The liability of Kidz Kraft B.V. will never exceed her legal obligations. The liability of Kidz Kraft B.V. towards the buyer is always limited to the damage that is the typical and foreseeable consequence of the shortcoming in the fulfillment of Kidz Kraft.
Section 12.02 Kidz Kraft B.V. is never liable for any indirect damage of the buyer, including consequential damage, loss of profit, lost savings, company damage, loss of goodwill, loss of orders, stagnation or delay of the production process, damage to other goods than the goods delivered by Kidz Kraft., lesion damage and damage of third parties.
Section 12.03 If Kidz Kraft B.V. is liable for direct damage, then said liability shall be limited to a maximum of the invoice price at any rate that part of the assignment to which the liability relates.
Section 12.04 Kidz Kraft B.V. shall not be liable for damage of whatever nature caused by the fact that Kidz Kraft B.V. worked on the basis of incorrect and / or incomplete data provided by the buyer, unless Kidz Kraft B.V. should have been aware of said incorrectness or incompleteness.
Section 12.05 The buyer shall safeguard Kidz Kraft B.V. against possible claims filed by third parties who may sustain damage attributable to the buyer in connection with the execution of the agreement.
Section 12.06 Kidz Kraft B.V. is not liable for damage of the buyer, if the buyer has not acted in the way described in article 9 under 1 of these general terms en conditions. Kidz Kraft B.V. is also not liable for damage of the buyer if the buyer has not given Kidz Kraft B.V. the opportunity to correct the complaint and / or repair the damage suffered by the buyer.
Section 12.07 The risk of loss of, or damage to the goods being the subject of the agreement, shall be transferred to the buyer the moment said goods are judicially and / or actually delivered to the buyer and therefore fall into the power of the buyer or of third parties to be appointed by the buyer.
Article XIII. Disputes and applicable law
Section 13.01 To each and every agreement with Kidz Kraft B.V. on which the present General Terms and Conditions is applicable, Dutch law shall apply. In case of interpretation of the contents and tenor of these general terms and conditions, the Dutch version prevails at all time.
Section 13.02 All disputes between Kidz Kraft B.V. and the buyer shall exclusively be adjudicated by the competent judge of the County Court in Amsterdam.
Section 13.03 The most recently filed version shall always apply, or, as the case may be, the version valid at the time the agreement was concluded.
The Dutch version of these general terms and conditions is registered with the Chamber of Commerce Amsterdam under nr. 34183667.
Kidz Kraft B.V.
T.T Vasumweg 122-1,
1033SH, Amsterdam
The Netherlands
Phone: +31 (0)20 616 7915
Fax: +31 (0)20 320 -7372
E-mail: info@kidzkraft.com
Internet: www.kidzkraft.com
Bank: ABN-AMRO 5781 50 921 - BIC(Swift): ABNANL2A - IBAN: NL97ABNA0578150921
K.v.K.: 34183667 - BTW-nr.: NL817155478B01
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