These terms and conditions apply to all orders placed with Knit-ted®. These General Terms and Conditions of the Dutch Thuiswinkel Organization were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Co-ordination Group (CZ) of the Social and Economic Council.
Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Trader the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and/or services to consumers from a distance;
2. Consumer: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the trader;
3. Distance contract: an contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
4. Technique for distance communication: means that can be used for concluding a contract, without the consumer and trader being in the same place at the same time;
5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Day: calendar day;
8. Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
9. Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the trader
Petra Stapper B.V
Trade name: Knit-ted B.V.
Address: Generaal Vetterstraat 77C, 1059 BT Amstrdam
Telephone number: +31 (0)20 770124
E-mail address: email@example.com
Chamber of Commerce number: 34380027
VAT identification number: NL8219.84.032B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by an trader and to every distance contract that is realized between an trader and a consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 4 – The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
• the price, including taxes;
• any costs of delivery;
• the way in which the contract shall be concluded and which actions this will require;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or implementation of the contract;
• the period for accepting the offer, or the period for adhering to the price;
Article 5 – The contract
1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. Together with the product or service, the trader will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium: a. the office address of the trader’s business location where the consumer can lodge complaints; b. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal; c. information on existing after-sales service and guarantees; d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract; e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
6. Where the trader has taken on the obligation to supply a series of products or services, the stipulation in the previous paragraph applies only to the first delivery.