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GENERAL TERMS AND CONDITIONS KONAJRA

Article 1. Definitions and general
 

  1. In these general terms and conditions (hereinafter: conditions) the following definitions are used:

    • A. KONAJRA: is, the one-man business 'Arjan Oude Kotte' located in Opmeer.

    • B. Client: Any person who enters an Agreement with KONAJRA.

    • C. Parties: Both KONAJRA and the Client.

    • D. Agreement: The agreement between Parties for the Purchase of one or more products, also referring to the agreement as meant in this article 7:46A BW.

    • E. Website: www.konajra.com

  2. Deviations from these conditions can only be agreed upon in writing and only apply to this Agreement to which these changes are made.

  3. If one or more of the provisions of these conditions are void or nullified because of judicial intervention, the other provisions will still be applicable. Parties should than determine new provisions, to replace the nullified or void provisions.

  4. Where these conditions say 'in writing', this includes via e-mail.

  5. These conditions are made available to the Client by KONAJRA electronically, so that the Client can easily save them.

 
Article 2. Identity of KONAJRA
 

  • Name: Arjan Oude Kotte

  • Address: Mercuriusstraat 15, 1716 WL in Opmeer

  • Telephone number: 0683245134

  • Email address: info@konajra.com

  • Availability: Monday to Friday from 09.00 am to 5.00 pm

  • CoC number: 62426079

  • VAT number: NL002029901B41

 
Article 3. The offer
 

  1. If an offer is made under conditions, this is expressly mentioned in the offer.

  2. The offer contains a complete and accurate description of the offered products, so that the Client can make a good assessment. All the used images are a good representation of the offered products.

  3. If KONAJRA has made a mistake in the offer, this does not obliged KONAJRA to anything.

  4. Every offer contains this information, so that the Client clearly knows his rights and obligations when she accepts the offer from KONAJRA. This especially concerns:

    • a) The price including/excluding taxes;

    • b) Possible shipment costs;

    • c) The way in which the Agreement will be entered, and which actions are needed for this;

    • d) Whether or not the revocation right is applicable;

    • e) The manner of payment, delivery and execution of the Agreement;

    • f) The term for the acceptance of the offer, or the term during which KONAJRA guarantees the price;

    • g) Whether the Agreement is archived after it has been entered, and if yes, in which way the Client can view this;

    • h) The way in which the Client, before entering the Agreement, can check and if necessary fix the information given to him within the context of the Agreement;

    • i) The possible other languages in which, besides Dutch, the Agreement can be entered;

    • j) The minimum duration of the Agreement at a distance in case of a duration transaction.

 
Article 4. The Agreement
 

  1. The Agreement (the order) is, considering section 4, established when the Client accepts the offer. After this acceptance, KONAJRA confirms the reception of the acceptance of the offer as soon as possible, via the electronic way. As long as the reception of this acceptance has not been confirmed by KONAJRA, the Client can terminate the Agreement without cost.

  2. KONAJRA should take fitting technical and organizational measures to secure the electronic transfer of data and for a secure web environment.

  3. Within legal boundaries, KONAJRA can inform whether the Client can meet his payment obligations, and based on this KONAJRA can also make a one-sided decision to refuse an order.

  4. At the latest upon delivery of the product to the Client, KONAJRA will provide the following information, in writing or in such a way that it can be stored by the Client in an accessible way on a durable data storage device:

    • a) The visiting address where the Client can take his complaints;

    • b) The conditions under which and the way in which the Client can use his revocation right, or a clear notification if the revocation right is out of the question;

    • c) Information about warranties and existing service after purchase;

    • d) The price including all taxes of the product;

    • e) Insofar as applicable, the costs of delivery and means of payment, delivery or execution of the Agreement;

    • f) In case the Client has the right to revocation, the model form for revocation.

 
Article 5. The right to revocation
 

  1. The Client can terminate the Agreement during a respite of 14 days, without statement of reasons.

  2. The respite mentioned in section 1, starts on the day after the Client, or a third party appointed by the Client who is not the delivery service, has received the product, or:

    • A. If the Client has ordered multiple products in one order. The day on which the Client, or a third party appointed by him, has received the last product. KONAJRA may, if he has clearly indicated this to the Client before the order was made, refuse an order with multiple products with different delivery times;

    • B. If the delivery of the product consists of different shipments or parts: The day in which the Client, or a third party appointed by him, has received the last shipment of the last part.

  3. If KONAJRA has not supplied the Client with the legally required Information about the revocation right or has not provided the model form for revocation, the respite will end 12 months after the end of the original respite, as described in the previous sections of this article.

  4. If KONAJRA has provided the Client with the information meant in the previous section within 12 months after the start date of the original respite, the respite will end 30 days after the day on which the Client has received this information.

 
Article 6. Obligations of the Client during the respite
 

  1. During the respite, the Client will treat the product and the packaging with care. He will only unpack or use the product as much as is needed to determine the nature, characteristics and serviceability of the product. The principle is that the Client may only use or inspect the product as he would be allowed to in a physical store.

  2. The Client is responsible for devaluation of the product, if this is a result of the way the product was used, going beyond what was allowed in the previous section.

  3. The Client is not responsible for devaluation of the product, if KONAJRA has not given him all the legally required information about the revocation right before the Agreement was entered.

 
Article 7. Exercising the revocation right, and costs
 

  1. If the Client uses his revocation right, he should report this to KONAJRA within the respite, through the model form for revocation or in another unambiguous way.

  2. As soon as possible, but within 14 days after the day of the notification meant in section 1, the Client should send the product back, or give it to (someone authorized by) KONAJRA. This is not necessary if KONAJRA has offered to come and collect the product. The Client has honored the term for return if he send the product back before the end of the respite.

  3. The Client sends the product back with all the delivered parts, if reasonably possible in original state and packaging, and in accordance with the instruction given by KONAJRA.

  4. The risk and the burden of proof for the right and timely exercising of the revocation right lies with the Client.

  5. The Client covers the direct costs of returning the product. If KONAJRA has not notified the Client that he has to cover these costs, or if KONAJRA says that he will cover the costs himself, the Client will not have to cover the costs for the return.

  6. If the Client makes use of his revocation right, all the additional agreements will be legally terminated.

 
Article 8. Obligations of KONAJRA in case of revocation
 

  1. If the Client can notify KONAJRA of the revocation electronically, KONAJRA will send a confirmation of reception right away.

  2. KONAJRA compensates all payments of the Client, including possible delivery costs charged by KONAJRA for the returned product, within 14 days after the day on which the Client has reported the revocation. Unless KONAJRA offers to collect the product herself, KONAJRA can wait to return the payment until she has received the product, or until the Client shows that he has sent back to product, whichever is earlier.

  3. To return the payment, KONAJRA will use the same means of payment as the Client, unless the Client agrees to another method. This return payment will cost the Client nothing.

  4. If the Client chooses a more expensive method of delivery than a standard delivery, KONAJRA will not have to return the extra costs for the more expensive method.

 
Article 9. Exclusion revocation right
 

  1. KONAJRA can exclude the revocation right of the Client for products, as described in the following section. This exclusion of the revocation right only applies if KONAJRA has clearly reported this in the offer, in any case before the Agreement is entered.

  2. Exclusion of the revocation right is only possible for products:

    • A. That were created by KONAJRA in accordance with the Client's specifications;

    • B. That are clearly of a personal nature;

    • C. That cannot be sent back because of their nature;

  3. KONAJRA can also exclude the revocation right of the Client if it is a case of delivery of digital contents, other than on a material carrier. Conditions for this are that:

    • A. The delivery of the digital contents was instantly started, with express prior permission from the Client; and

    • B. The Client has declared that this will lose him his revocation right.

 
Article 10. Delivery and delivery term
 

  1. The place of delivery is the address that the Client has made known to KONAJRA when he entered the Agreement.

  2. KONAJRA should arrange the shipment of the order with the greatest possible care.

  3. The Client is obliged to accept the purchased products at the moment they are made available to him according to the Agreement. If the Client refuses the purchase or has not provided (clear / right) instructions for the delivery, the products will be stored at the risk of the Client.

  4. The risk of loss, damage or devaluation of delivered products transfers to the Client when he becomes the owner of the products.

  5. The delivery terms indicated by KONAJRA are never deadlines.

  6. If KONAJRA cannot make the delivery term, she will inform the Client in writing.

 
Article 11. Payment
 

  1. Payment will take place through Ideal, PayPal or afterwards via invoice. In case of an invoice, KONAJRA will work with a payment term of 30 days after the start of the respite.

  2. KONAJRA has the right to ask a prepayment, as well as invoice in part. Once prepayment is made for a product according to Client specifications it can no longer be cancelled.

  3. KONAJRA has the right to switch to electronic invoicing.

  4. In case of liquidation, insolvency or the request of automatic stay by the Client, the Client's obligations to KONAJRA are directly claimable. KONAJRA can then choose, whether the Client should carry out his obligations to KONAJRA directly, or the Client should lend his unconditional cooperation to the return of the products delivered by KONAJRA to the Client.

  5. If the Client, after two payment reminders, has not or not completely paid the invoice, he will be held in default by operation of law. KONAJRA then has the right, without further summation or notice of default, to charge the legal interest to the Client from the expiry date, until the date of complete payment, without prejudice to KONAJRA's other rights.

  6. If the Client fails to meet one or more obligations towards KONAJRA, all the reasonable costs for out-of-court costs will be for the account of the Client. In this case, KONAJRA has the right to charge the following extra-judicial collection expenses to the Client:

    • Over the first € 2,500: 15%

    • Over the next € 2,500: 10%

    • Over next € 5,000: 5%

    • Over the next € 190,000: 1%

    • Over the greater part: 0.5%, with a maximum of € 6,775

    • KONAJRA has a right to charge a minimum of € 40,-- and a maximum of € 6,775,-- of extra-judicial collection costs.

 
Article 12. Accountability
 

  1. KONAJRA is not accountable for damage, resulting from KONAJRA making assumptions based on incomplete or wrong information provided by the Client.

  2. KONAJRA is not accountable for failings in the execution of the Agreement, as a result of actions by third parties employed by the Client.

  3. KONAJRA is only accountable for direct damage. Direct damage exclusively means:

    • The reasonable costs to determine the cause and the size of the direct damage

    • Possible reasonable costs to make a poor performance by KONAJRA in compliance with the Agreement, unless KONAJRA cannot be blamed for it

    • The reasonable costs, made to limit or avoid damage, insofar the Client can show that these costs have led to the limiting of direct damage

  4. KONAJRA always has the right to, if and in so far as possible, undo the damage of the Client.

  5. KONAJRA Is not accountable for damage, as a result of incorrect and/or unwise use of the delivered product.

  6. KONAJRA is never accountable for indirect damage, including among other things: stagnation in the usual course of business in the company of the Client, loss of profit, missed savings and consequential damage, in any way connected to or a direct result of the execution of the Agreement.

  7. The limits of the accountability in these conditions do not apply if the damage is a result of intent or gross fault on KONAJRA's part.

 
Article 13. Force majeure
 

  1. If KONAJRA cannot, not timely or not properly carry out her obligations based on the Agreement because of force majeure, these obligations will be suspended until the moment that KONAJRA can honor these obligations as agreed.

  2. Force majeure includes: Every circumstance, independent of the will of KONAJRA, which temporarily or permanently hinders the execution of the Agreement, and which should be at the risk of KONAJRA, neither according to the law, entire according to reasonable and fair standards, as well as, in so far as not covered by the former: disruptions or failings of internet and/or the telecommunication infrastructure, SYN flood, network attack, DoS or DDoS attacks, power cuts, internal disturbances, mobilization, war, stoppages in transport, strike, exclusion, company disturbances, stagnation in supply, fire, flood, input and output hindrances, and in case KONAJRA is not deemed fit to deliver by her own suppliers, whatever the reason, so that KONAJRA cannot be expected to fulfill the Agreement.

  3. If KONAJRA has already honored part of her obligations at the start of the force majeure, or is only able to carry out part of her obligations, she has the right to separately invoice the part of the work that has been done.

 
Article 14. Retention of title and the right of retention
 

  1. All the matters delivered by KONAJRA will remain the property of KONAJRA, until the Client has carried out all the obligations from the Agreement for KONAJRA.

  2. Products delivered by KONAJRA, which fall under the retention of title, may never be used as a means of payment, or encumbered in any way.

  3. The Client now gives unconditional and irrevocable permission to KONAJRA, or third parties to be appointed by her, to always enter the places where the property of KONAJRA is, whenever KONAJRA wants to make use of her right of retention, and take the things there with her.

  4. If third parties should claim the things delivered under retention of title, or establish rights over these things, the Client is obliged to notify KONAJRA of this in writing as quickly as can reasonably be expected.

  5. If KONAJRA cannot make use of the right of retention, because the delivered product is mixed, transformed and / or audited, the Client is obliged to pledge the product to KONAJRA in its new form.

 
Article 15. Complaints
 

  1. Complaints about the delivered products or the invoice should be reported by the Client to KONAJRA in writing, within two months after delivery of the product, respectively one month after the invoice date.

  2. A complaint does not suspend the payment obligation of the Client.

 
Article 16. Intellectual property
 

  1. All rights of intellectual property on the products delivered within the framework of the Agreement, are exclusively with KONAJRA or her license holders.

  2. KONAJRA hereby gives the Client a non-exclusive and non-transferable right of use, to use the products, exclusively for purposes in accordance with the conditions and the Agreement.

  3. The Client is not allowed to remove or change any indication about the rights of intellectual property from matters.

  4. KONAJRA is allowed to take technical measures to protect products. If KONAJRA has secured products through technical security, the Client is not allowed to remove or bypass this security.

  5. Every use, multiplication or revelation of the products outside the terms of the Agreement or provided rights of use, will be viewed as a violation of the intellectual property rights of KONAJRA. The Client will owe an immediately claimable and not to be adjusted in a court of law fee of € 2.000,- per violation to KONAJRA, without prejudice to KONAJRA's right to seek compensation for the violation or take other legal measures to see the violation ended.

  6. The Client exempts KONAJRA from any claims of third parties, claiming the KONAJRA is violating a right as meant in the previous section.

 
Article 17. Final provision
 

  1. These general terms and conditions will still apply if KONAJRA changes name, legal form or owner.

  2. KONAJRA has the right to change these conditions. These changes to not influence current Agreements.

  3. Every legal relationship between parties is only applicable to Dutch law.

  4. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

  5. If these conditions are translated, the Dutch version is still the guideline for the interpretation of the general terms and conditions.

  6. Every dispute between Parties, arising as a result of the execution of the Agreement between parties, will be put before a qualified judge of the subdistrict Noord-holland, location Haarlem.

  7. These conditions will go into effect on 1 September 2018.

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