Contents:
Article 1 - Definitions
Article 2 - Identity of the company
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and performance
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or derogating provisions
Article 1 - Definitions
The terms below have the following meaning in these terms and conditions:
- Cooling off period: the period in which the consumer can use his right of withdrawal;
- Consumer: a natural person not acting in the performance of a profession or occupation and entering into a distance agreement with the company;
- Day: calendar day;
- Durable data carrier: any means that enables the consumer or company to save information sent to him personally in a way that makes the future consultation and unamended reproduction of the saved information possible.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement;
- Model form: the model form for withdrawal that the company makes available that a consumer can fill in if he wishes to use his right of withdrawal.
- Company: the natural person or legal entity offering products and/or services at a distance to consumers;
- Distance agreement: an agreement where in the scope of a system set up by the company for distance selling of products and/or services exclusive use is made of one or more technologies for remote communication up until entering into the agreement;
- Technology for remote communication: a means that can be used to enter into an agreement without the consumer and company being in the same place at the same time.
- General Terms and Conditions: these General Terms and Conditions of the company.
Article 2 - Identity of the company
Name: Stichting Kröller-Müller Museum
Trading under the name: Kröller-Müller Museum Shop
Registered and physical address: Houtkampweg 6, 6731 AW OTTERLO
Telephone number: +31 (0)318 591241
Reachable from Tuesday to Friday from 10.00 to 16.00 h.
[email protected]
Chamber of Commerce number 41151198
VAT ID number: NL 002975385 B 01
Article 3 - Applicability
- These General Terms and Conditions apply to any offer of the company and any distance agreement entered into and orders between the company and the consumer.
- Before the distance agreement is entered into the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is entered into it will be indicated that the General Terms and Conditions can be viewed at the company and they will be sent to him free of charge and as soon as possible at his request.
- If the distance agreement is entered into electronically, contrary to the previous paragraph and before the distance agreement is entered into, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that they can be easily saved by the consumer on a durable data carrier. If this is reasonably not possible before the distance agreement is entered into, it will be indicated where the general conditions can be taken note of electronically and that they will be sent electronically or in another way free of charge at the consumer's request.
- In the event that specific product or service conditions apply as well as these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general conditions the consumer can always invoke the applicable provision which is most favourable to him.
- If one or more provisions of these General Terms and Conditions is fully or partly voided or annulled at any time, then the agreement and these conditions will remain in force and the condition in question will be immediately replaced in mutual consultation by a provision that approaches the purport of the original provision as closely as possible.
- Situations that are not regulated in these General Terms and Conditions must be assessed "according to the spirit" of these General Terms and Conditions.
- Lack of clarity about the interpretation or content of one or more provisions of these conditions should be interpreted "according to the spirit" of these General Terms and Conditions.
Article 4 - The offer
- If an offer has a limited validity or is made subject to conditions this will be explicitly stated in the offer.
- The offer is free of obligation. The company is entitled to amend and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description will be detailed enough for the consumer to make a good assessment of the offer. If the company uses images these will be a true representation of the products and/or services offered. Evident errors or obvious mistakes in the offer do not bind the company.
- All images, specifications, details in the offer are an indication and cannot lead to damages or cancellation of the agreement.
- Images of products are a true depiction of the products offered. The company cannot guarantee that the displayed colours correspond exactly to the true colours of the products.
- Each offer contains such information that it is clear for the consumer what the rights and obligations attached to acceptance of the offer are. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement is concluded and the actions needed to conclude it;
- whether the withdrawal right applies;
- the manner of payment, delivery and performance of the agreement;
- the term for acceptance of the offer or the term within which the company guarantees the price;
- the amount of the rate for communication at a distance if the costs for use of the technology for communication at a distance are calculated on a different basis than the regular basic rate for the communication means used;
- whether the agreement is archived after conclusion and if so how it can be consulted by the consumer;
- how the consumer prior to entering into the agreement can check the details provided by him for the agreement and where necessary correct them;
- any other languages besides Dutch in which the agreement can be entered into;
- the codes of conduct which the company is subject to and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the agreement at a distance in the event of a long-term transaction.
Article 5 - The agreement
- The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and satisfaction of the conditions set therein.
- If the consumer has accepted the offer electronically, the company will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this offer has not been confirmed by the company then the consumer can terminate the agreement.
- If the agreement is concluded electronically the company will take suitable technical and organisational measures to secure the electronic transfer of data and will arrange for a safe web environment. If the consumer can pay electronically the company will take suitable safety measures.
- Within statutory frameworks the company can investigate whether the consumer can comply with his payment obligations as well as all facts and factors that are important for responsibly dealing with the distance agreement. If pursuant to this investigation the company has good reason not to enter into the agreement it is entitled to refuse an order or request with reasons, or to attach special conditions to the performance.
- The company will send the following information with the product or service to the consumer in writing or in such a manner that it can be saved by the consumer in an accessible manner on a durable data carrier:
a. the physical address of the branch of the company where the consumer can make complaints;
b. the conditions subject to which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. the information on guarantees and service given after purchase;
d. the details included in article 4.3 of these conditions unless the company has already provided these details to the consumer before the performance of the agreement;
e. the requirements for termination of the agreement if the agreement has a term of more than one year or is for an indefinite period.
- In the event of a continuing performance contract the provision in the previous paragraph only applies to the first delivery.
- Each agreement is entered into on the condition precedent of adequate availability of the products in question.
Article 6 - Right of withdrawal
- When purchasing products the consumer has the possibility of cancelling the agreement without giving reasons within 14 days. This cooling off period commences on the day after the consumer or a representative designated by the consumer beforehand and of whom the company has been notified receives the product.
- During the cooling off period the consumer will handle the product and packaging carefully. He will only unpack the product or use it to the extent necessary to be able to decide whether he wishes to keep the product. If he uses his right of withdrawal he will return the product with all supplied accessories and if reasonably possible in the original condition and packaging to the company in accordance with the reasonable and clear instructions provided by the company.
- If the consumer wishes to exercise his right of withdrawal he is required to inform the company hereof within 14 days of receipt of the product. The consumer must inform the company using the model form. Once the consumer has reported his wish to use his right of withdrawal the consumer must return the products within 14 days. The consumer must prove that the delivered items were returned on time, for example by a certificate of posting.
- If the consumer has not reported that he wishes to exercise his right of withdrawal or has not returned the product to the company within the period set in paragraph 2 and 3 the purchase is a fact.
Article 7 - Costs in the event of withdrawal
- If the consumer exercises his right of withdrawal at most the costs of return are payable by him.
- If the consumer has paid an amount the company will refund this amount as soon as possible but no later than 14 days after withdrawal. This is subject to the condition that the product has been received by the web shop or conclusive proof of full return can be submitted.
Article 8 - Exclusion of right of withdrawal
- The company can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Excluding the withdrawal right only applies if the company has clearly stated this in the offer or in good time before the agreement was entered into.
- Exclusion of the withdrawal right is only possible for products:
a. which are created by the company in accordance with the specifications of the consumer;
b. which are clearly of a personal nature;
c. which cannot be returned due to their nature;
d. which can decay or become outdated rapidly;
e. where the price is related to fluctuations on the financial markets and the company has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software if the consumer has broken the seal.
h. for hygienic products if the consumer has broken the seal.
Article 9 - The price
- During the term of validity stated in the offer the price of the products and/or services offered will not be increased, notwithstanding price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph the company can offer products or services where the prices are related to fluctuations on the financial market and which the company cannot influence at variable prices. This connection to fluctuations and the fact that any stated prices are recommended prices is stated next to the offer.
- Price increases within three months of conclusion of the agreement are only permitted if they are caused by statutory regulations or provisions.
- Price increases from 3 months after conclusion of the agreement are only permitted if the company has stipulated such and;
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect of the day that the price increase takes effect.
- The prices referred to in the offer for products or services include VAT.
- All prices are subject to printing and setting errors. No liability is accepted for the results of printing and setting errors. In the event of printing and setting errors the company is not required to supply the products at the erroneous price.
Article 10 - Conformity and Guarantee
- The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government provisions applicable on the date that the agreement was concluded. If agreed the company also guarantees that the product is fit for other use besides normal use.
- The guarantee provided by the company, manufacturer or importer does not affect the statutory rights and claims that the consumer can enforce against the company pursuant to the agreement.
- Any defective or erroneously supplied products must be reported in writing to the company within 14 days. The products must be returned in the original packaging and in new condition.
- The company's guarantee period corresponds to the factory guarantee period. However, the company will never be responsible for the ultimate suitability of the products for any individual use by the consumer, nor for any advice with regard to the use or application of the product.
- The guarantee does not apply if:
- The consumer repaired and/or adapted the delivered product himself or had it repaired and/or adapted by third parties;
- The delivered products have been exposed to abnormal circumstances or otherwise carelessly handled or contrary to the instructions of the company and/or on the packaging;
- The defect is fully or partly a result of provisions set or to be set by the authorities with regard to the nature or quality of the applied materials.
Article 11 - Delivery and performance
- The company will observe the greatest possible care on receiving and performing orders for products and the assessment of requests for providing services.
- The place of delivery applies as the address that the consumer has reported to the company.
- Considering what is stated here above in paragraph 4 of this article the company will carry out accepted orders with due speed within 30 days unless the consumer has agreed to a longer delivery term. If that order encounters delay or if an order cannot or can only partly be carried out the consumer will be informed of this no later than 30 days after he has placed the order. In that case the consumer is entitled to cancel the agreement without cost. The consumer is not entitled to compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any periods given. Failing to meet the deadline for delivery does not entitle the consumer to compensation.
- In the event of termination in accordance with paragraph 3 of this article the company will refund the amount paid by the consumer as soon as possible but no later than within 14 days of termination.
- If delivery of an ordered product is no longer possible the company will endeavour to make a replacement article available. This will be stated no later than on delivery and in a clear and comprehensive manner. The right of withdrawal cannot be excluded for replacement articles. The costs of any returns are payable by the company.
- The risk of damage and/or loss of products lies with the company until delivered to the consumer or a representative designated beforehand and of whom the company has been informed unless explicitly agreed otherwise.
Article 12 - Payment
- Insofar as not otherwise agreed the amounts owed by the consumer must be paid within seven working days after the cooling off period referred to in article 6.1 takes effect. In the event of an agreement to provide a service this period commences once the consumer has received confirmation of the agreement.
- The consumer is required to report inaccuracies in payment provided or payment data reported immediately to the company.
- In the event of late payment by the consumer the company is entitled to charge reasonable costs notified to the consumer beforehand notwithstanding statutory restrictions.
Article 13 - Complaints procedure
- The company has an adequately known complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about performance of the agreement must be submitted to the company fully and clearly described within seven days after the consumer has established the defects.
- Complaints sent to the company will be responded to within a term of 14 days from the date of receipt. If the complaint requires a considerably longer handling time the company will confirm acknowledgement of receipt within the period of 14 days and indicate when the consumer can expect a more extensive answer.
- If the complaint cannot be resolved in mutual consultation a dispute arises that is eligible for dispute settlement.
- A complaint does not suspend the company's obligations unless the company indicates otherwise in writing.
- If the complaint is found to be founded by the company, the company, at its discretion, may replace or repair the provided products free of charge.
Article 14 - Disputes
- Exclusively Dutch law will apply to agreements between the company and the consumer that these General Terms and Conditions apply to even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 15 - Additional or derogating provisions
Additional or derogating conditions from these General Terms and Conditions may not be to the detriment of the consumer and must be laid down in writing or in such a manner that they can easily be saved in an accessible manner by the consumer on a durable data carrier.
