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TERMS AND CONDITIONS OF THE ONLINE STORE

www.kiljano.nl

§ 1. GENERAL PROVISIONS

  1. The online store available at the internet address www.kiljano.nl is operated by Dominik Kiljański, located at Mendelssohnstaat 68, 5144GH Waalwijk, KvK: 94019525, VAT: NL005605594B10, e-mail: info@kiljano.nl.

  2. These terms and conditions apply to agreements concluded via the website www.kiljano.nl.

  3. Definitions:

    • Online store – the online store of the Seller available at the address www.kiljano.nl.
    • Terms and Conditions – these terms and conditions of the online store.
    • Seller – Dominik Kiljański, Mendelssohnstaat 68, 5144GH Waalwijk, KvK: 94019525, VAT: NL005605594B10, e-mail: info@kiljano.nl.
    • Buyer – a natural person, a legal person, or an organizational unit without legal personality who uses the services provided electronically by the Seller.
    • Registration form – a form available in the online store that allows for the creation of an Account.
    • Account – a collection of resources in the Seller’s ICT system marked with an individual name (login) and password provided by the Buyer, in which the Buyer’s data is collected, including information about placed Orders.
    • Order form – a form available in the online store that allows the Buyer to place an Order and its execution without the need to create an Account.
    • Order – the Buyer’s declaration of intent that constitutes an offer to conclude a sales agreement for a Product with the Seller.
    • Sales agreement – a sales agreement for a Product concluded via the online store in Dutch.
    • Product – a movable item available in the online store that is the subject of the sales agreement between the Buyer and the Seller.
    • Cart – a virtual tool that allows the Buyer to aggregate selected Products before purchasing and calculate their value.
    • Promotion – a price discount strictly defined in time for selected Products.
    • Proof of purchase – a receipt, VAT invoice, or another document confirming the purchase of the Product.
    • Newsletter – an electronic service provided by the Seller, enabling interested Buyers to automatically receive the most important information related to the online store at the provided e-mail address.

  4. The electronic services provided by the Seller include:

    • enabling the creation of an Account in the online store,
    • enabling the conclusion of a Sales agreement by filling out the Order form,
    • managing the Newsletter.

  5. Before filling out the Order form or the Registration form and creating an Account, the Buyer is requested to read and accept the contents of these Terms and Conditions.

  6. The Buyer gains access to the Account via a login and password. The agreement regarding the management of the Account in the online store is concluded for an indefinite period and does not entail any financial obligations for the Buyer. The agreement may be terminated at any time by deleting the Account in the online store or by sending a notice of resignation to the Seller at the e-mail address: info@kiljano.nl.

  7. Promotions on selected Products from the store’s offer may be organized in the online store. The rules regarding promotions are determined by the Seller and publicly announced on the online store’s website.

  8. Announcements, advertisements, price lists, and other information about Products provided on the online store’s websites, especially their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude an agreement in the sense of the law.

  9. To use the online store www.kiljano.nl, a computer with appropriate parameters and a web browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Google Chrome, Safari) is required, as well as a keyboard or another pointing device to correctly fill out electronic forms.

  10. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Buyer who is also a consumer under the law.

§ 2. CONDITIONS FOR PLACING AN ORDER

  1. The Buyer is obliged to use the online store in accordance with the law, social norms, and good manners.

  2. The online store sells within the Netherlands.

  3. The Buyer can choose one of the following ways to place an Order:

    • placing an Order through a previously created Account,
    • placing an Order by filling out the Order form available on the store’s website,
    • placing an Order via e-mail,
    • placing an Order via telephone.

  4. All Products available in the online store are original, brand new (free from defects), and comply with the applicable standards and requirements.

  5. Orders mentioned in points 3 a), b), c) of this paragraph can be placed 7 days a week, 24 hours a day.

  6. Orders mentioned in point 3 d) of this paragraph can be placed from Monday to Friday from 8:00 to 16:00.

  7. To effectively place and execute an Order, the Buyer is requested to fill out the appropriate Order form and send it to the online store.

  8. Orders placed on working days after 16:00, on Saturdays, Sundays, and public holidays will be processed on the next working day.

  9. In the case of Special Products available on individual order, the Seller may request the Buyer to pay a deposit of 50% of the value of the ordered Product before starting the execution of the Order.

  10. Confirmation of placing and acceptance of the Order will be sent to the Buyer by the Seller in the form of an e-mail message.

  11. The sales agreement is considered concluded at the moment the Buyer receives the e-mail mentioned in point 10 of this paragraph.

  12. Orders in progress can be canceled by the Buyer until the Product is shipped.

  13. The execution time of the Order (assembling the order and preparing it for shipment) is 2 working days. In the case of Special Products made to individual order, the execution time of the Order is agreed with the Buyer each time.

  14. The Buyer is informed about the unavailability of Products, and may consent to extend the execution time of the Order or cancel the ordered Product.

  15. The Seller reserves the right to cancel the Order if the Buyer, despite a request, does not provide the required information within 7 days for the effective execution of the Order.

§ 3. PAYMENTS

  1. The prices in the online store are expressed in euros and are gross prices, including all components, including VAT and duties. However, the prices do not include any shipping costs, which are indicated during the Order placement.

  2. The total amount of the Order is always communicated to the Buyer before placing the Order.

  3. Each Order is accompanied by a Proof of purchase (receipt or VAT invoice).

  4. The Buyer can choose one of the following payment methods for the ordered Products:

    • payment by bank transfer to the Seller’s account,
    • payment via the online payment system Multisafepay,
    • payment via PayPal.

  5. The Buyer chooses the payment method during the Order placement.

  6. In the case of payment mentioned in point 4 a) of this paragraph, the Products are shipped within 2 working days from the moment of booking 100% of the funds on the Seller’s account.

  7. In the case of payment mentioned in points 4 b) and c) of this paragraph, the Products are shipped within 2 working days from the positive authorization of 100% of the Order value.

  8. Online payments made through the online store www.kiljano.nl are processed by Multisafepay.

§ 4. DELIVERY

  1. The Buyer can choose the following ways to receive the ordered Products:

    • delivery of the Products to the address provided by the Buyer during the Order placement by the courier company DPD, DHL, or PostNL.

  2. The Buyer chooses the delivery method during the Order placement.

  3. The shipping costs are borne by the Buyer.

  4. The shipping costs are calculated according to the current price lists and depend on the weight and dimensions of the package. The Buyer is informed about the shipping costs during the Order placement.

  5. The Seller undertakes to deliver Products free from defects to the Buyer.

  6. The Buyer is obliged to receive the shipped Product.

§ 5. COMPLAINTS

  1. The Seller recommends checking the shipment in the presence of the courier. Failure to check the shipment does not prevent a potential complaint.

  2. In the case of a defect in the Product, the Buyer is obliged to inform the Seller.

  3. The complaint should include the Buyer’s details, a description of the defect of the Product, the date of occurrence, and the Buyer’s request.

  4. The Proof of purchase or a copy thereof must be attached to the complained Product.

  5. The Buyer is obliged to return the complained Product to the warehouse address: Mendelssohnstaat 68, 5144GH Waalwijk.

  6. Complaints should be addressed to: info@kiljano.nl.

  7. The Seller undertakes to respond to the Buyer’s complaint within 14 days.

§ 6. WARRANTY

  1. The Products offered in the online store are covered by a warranty provided by the Seller.

  2. The warranty period for each sold Product is 24 months.

  3. Details of the warranty procedure can be found on the warranty card attached to the Product.

  4. The warranty does not exclude, limit, or suspend the rights of the Buyer regarding the Seller’s liability for physical and legal defects of the Product.

§ 7. RIGHT OF WITHDRAWAL

  1. The Buyer who is a consumer has the right to withdraw from the agreement concluded remotely without giving reasons within 14 days from the day of receipt of the Product.

  2. For an effective withdrawal from the agreement, it is sufficient to submit a written declaration by the Buyer via e-mail or post within the statutory period of 14 days from the moment of receipt of the shipment. The declaration should be sent to the warehouse address: Mendelssohnstaat 68, 5144GH Waalwijk.

  3. The Buyer who withdraws from the agreement is obliged to return the Product along with the Proof of purchase or a copy thereof within 14 days from the date of submitting the withdrawal.

  4. The costs of returning the Product are borne by the Buyer.

  5. The Buyer is responsible for the reduction in the value of the Product resulting from its use in a manner beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

  6. The Seller guarantees the refund of the Product price and the shipping costs of the Product to the Buyer without delay, no later than within 14 days.

  7. The Seller makes the refund using the same payment method that was used by the Buyer unless the Buyer has expressly agreed to a different method of refund that does not incur additional costs.

  8. If the Buyer has chosen a delivery method other than the cheapest standard delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer.

  9. Returns of Products upon withdrawal from the agreement, sent at the expense of the Seller or cash on delivery, will not be accepted.

  10. The provisions of this paragraph do not apply to Buyers who are not consumers.

§ 8. DATA PROTECTION

  1. The Buyer, by filling out the Order form or the Registration form and creating an Account, is requested to consent to the processing of personal data by the Seller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).

  2. Personal data is processed by the Seller solely for the provision of services mentioned in §1 point 4 of these Terms and Conditions.

  3. Personal data of the Buyer will not be disclosed to other persons or institutions for marketing purposes without their explicit consent.

  4. The Buyer has the possibility to access, verify, modify or delete the personal data concerning them from the Seller’s database.

  5. Detailed information regarding the protection of the Buyer’s personal data can be found in the document Privacy Policy of the online store www.kiljano.nl.

§ 9. COPYRIGHT PROTECTION

  1. All photos of Products and other materials (including texts, graphics, logos) posted on the website of the online store www.kiljano.nl are the property of the Seller or have been used with the consent of third parties holding copyright.

  2. It is prohibited to copy photos and other graphic materials and reprint texts posted on the website of the online store www.kiljano.nl, including making them available on the Internet without the written consent of the Seller or another third party holding copyright.

  3. It is also prohibited for external entities to download photos from the website of the online store www.kiljano.nl and use them for marketing and commercial purposes.

  4. The use of the above-mentioned materials without the written consent of the Seller or another third party holding copyright is illegal and may form the basis for civil and criminal proceedings against the perpetrators.

§ 10. FINAL PROVISIONS

  1. The Seller reserves the right to introduce restrictions on the use of the online store due to technical maintenance, repair works, or improvements in functionality. The Seller undertakes to make every effort to ensure that these interruptions take place at night and last as short as possible.

  2. The Seller reserves the right to amend the Terms and Conditions. Changes take effect at the moment expressly indicated by the Seller, but not earlier than 7 days after their announcement. Orders placed before the entry into force of the changes will be executed under the terms and conditions in force at the time of their placement.

  3. All disputes between the Parties will be resolved amicably or in the presence of an independent and impartial mediator. Consumers can also use out-of-court procedures for complaint handling and redress. Consumers who want to use the possibility of amicable resolution of disputes regarding online purchases can submit their complaint via the European online platform ODR, available at: http://ec.europa.eu/consumers/odr/.

  4. In case of inability to resolve a dispute amicably, the competent court will be determined according to the generally applicable regulations in the Netherlands.

  5. For matters not regulated by these Terms and Conditions, the applicable Dutch legal provisions apply.

These Terms and Conditions are effective from ..... 12.09.2023.