GENERAL TERMS AND CONDITIONS
Article 1 - Definitions In these terms and conditions, the following definitions apply:
Right of withdrawal: the period during which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a business or profession and who enters into a distance contract with the company.
Day: calendar day.
Ongoing transaction: a distance contract involving a series of products and/or services where delivery and/or consumption obligations are spread over time.
Durable medium: any means that enables the consumer or company to store information addressed personally to them, in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period.
Company: the natural or legal person who offers products and/or services at a distance to consumers.
Distance contract: a contract in which, within the context of a system organized by the company for the distance sale of products and/or services, one or more techniques for distance communication are exclusively used up to the conclusion of the contract.
Technique for distance communication: a means that can be used to conclude a contract without the consumer and the company being simultaneously present in the same space.
General terms and conditions: these general terms and conditions of the company.
Article 2 - The identity of the entrepreneur
Organization: Domiya ecom
Business name: KiaOra Wellington
Email address: support@kiaora-wellington.com
Company number: 92519954
Article 3 - Applicability
These general terms and conditions apply to any offer from the company and to any distance contract and orders concluded between the company and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the company and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions, notwithstanding the previous paragraph and before the distance contract is concluded, may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge to the consumer electronically or in another way upon request.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs apply correspondingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are invalid or void at any time, the agreement and these terms and conditions will remain in force for the rest, and the provision in question will be immediately replaced by a provision that as closely as possible approximates the original intent.
Situations not regulated in these general terms and conditions must be assessed "in accordance with the spirit" of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions in our terms and conditions must be interpreted "in accordance with the spirit" of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The company reserves the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to make an informed assessment of the offer. If the entrepreneur uses images, they should be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This is particularly true of:
the price, excluding customs clearance charges and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service applies the specific provisions for postal and courier services in relation to import. This regulation applies if the goods are imported into the EU destination country, as is the case here. The postal and/or courier service charges VAT (whether collected together with customs clearance fees or not) from the recipient of the goods;
any shipping costs;
the method by which the contract will be concluded and what actions are required for this;
whether the right of withdrawal applies or not;
how the agreement is to be paid, delivered, and fulfilled;
the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
the rate of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate for the communication method used;
whether the contract will be archived after it is concluded, and, if so, how the consumer can access it;
how the consumer can check and, if necessary, correct the information provided by them in the context of the contract before entering into it;
which other languages the agreement can be concluded in besides Dutch;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically, and
the minimum duration of the distance contract in the case of a time-limited transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur must comply with appropriate security measures.
The entrepreneur may, within the legal framework, inform themselves about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance control agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the implementation of the agreement with justification.
The company shall provide the following information to the consumer in writing or in such a way that the consumer can store it in an accessible manner on a durable medium along with the product or service:
the visiting address of the entrepreneur's business location where the consumer can lodge complaints;
the terms and method by which the consumer can exercise their right of withdrawal or, if applicable, clear information that they are exempt from the right of withdrawal;
information about guarantees and existing after-sales service;
the information referred to in Article 4, paragraph 3 of these terms and conditions unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a time-limited transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into on the condition that the products in question are sufficiently available.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to withdraw from the agreement without reason within 14 days. This reflection period begins the day after the consumer or a representative designated in advance by the consumer and notified to the entrepreneur has received the product.
During the reflection period, the consumer must handle the product and its packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he returns the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur by written communication/email. Once the consumer has stated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned on time, for example, by providing a shipping receipt.
If the customer has not expressed an intention to exercise their right of withdrawal or has not returned the goods to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase becomes a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been returned to the entrepreneur or that conclusive proof of full return can be provided.
Article 8 - Exclusion of the right of withdrawal
The company may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least well before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products
that are manufactured by the entrepreneur according to the consumer's specifications;
that are clearly of a personal nature;
that cannot
Right of withdrawal: the period during which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a business or profession and who enters into a distance contract with the company.
Day: calendar day.
Ongoing transaction: a distance contract involving a series of products and/or services where delivery and/or consumption obligations are spread over time.
Durable medium: any means that enables the consumer or company to store information addressed personally to them, in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period.
Company: the natural or legal person who offers products and/or services at a distance to consumers.
Distance contract: a contract in which, within the context of a system organized by the company for the distance sale of products and/or services, one or more techniques for distance communication are exclusively used up to the conclusion of the contract.
Technique for distance communication: a means that can be used to conclude a contract without the consumer and the company being simultaneously present in the same space.
General terms and conditions: these general terms and conditions of the company.
Article 2 - The identity of the entrepreneur
Organization: Domiya ecom
Business name: KiaOra Wellington
Email address: support@kiaora-wellington.com
Company number: 92519954
Article 3 - Applicability
These general terms and conditions apply to any offer from the company and to any distance contract and orders concluded between the company and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the company and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions, notwithstanding the previous paragraph and before the distance contract is concluded, may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge to the consumer electronically or in another way upon request.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs apply correspondingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are invalid or void at any time, the agreement and these terms and conditions will remain in force for the rest, and the provision in question will be immediately replaced by a provision that as closely as possible approximates the original intent.
Situations not regulated in these general terms and conditions must be assessed "in accordance with the spirit" of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions in our terms and conditions must be interpreted "in accordance with the spirit" of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The company reserves the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to make an informed assessment of the offer. If the entrepreneur uses images, they should be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This is particularly true of:
the price, excluding customs clearance charges and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service applies the specific provisions for postal and courier services in relation to import. This regulation applies if the goods are imported into the EU destination country, as is the case here. The postal and/or courier service charges VAT (whether collected together with customs clearance fees or not) from the recipient of the goods;
any shipping costs;
the method by which the contract will be concluded and what actions are required for this;
whether the right of withdrawal applies or not;
how the agreement is to be paid, delivered, and fulfilled;
the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
the rate of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate for the communication method used;
whether the contract will be archived after it is concluded, and, if so, how the consumer can access it;
how the consumer can check and, if necessary, correct the information provided by them in the context of the contract before entering into it;
which other languages the agreement can be concluded in besides Dutch;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically, and
the minimum duration of the distance contract in the case of a time-limited transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur must comply with appropriate security measures.
The entrepreneur may, within the legal framework, inform themselves about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance control agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the implementation of the agreement with justification.
The company shall provide the following information to the consumer in writing or in such a way that the consumer can store it in an accessible manner on a durable medium along with the product or service:
the visiting address of the entrepreneur's business location where the consumer can lodge complaints;
the terms and method by which the consumer can exercise their right of withdrawal or, if applicable, clear information that they are exempt from the right of withdrawal;
information about guarantees and existing after-sales service;
the information referred to in Article 4, paragraph 3 of these terms and conditions unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a time-limited transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into on the condition that the products in question are sufficiently available.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to withdraw from the agreement without reason within 14 days. This reflection period begins the day after the consumer or a representative designated in advance by the consumer and notified to the entrepreneur has received the product.
During the reflection period, the consumer must handle the product and its packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he returns the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur by written communication/email. Once the consumer has stated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned on time, for example, by providing a shipping receipt.
If the customer has not expressed an intention to exercise their right of withdrawal or has not returned the goods to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase becomes a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been returned to the entrepreneur or that conclusive proof of full return can be provided.
Article 8 - Exclusion of the right of withdrawal
The company may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least well before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products
that are manufactured by the entrepreneur according to the consumer's specifications;
that are clearly of a personal nature;
that cannot