Terms and Conditions
General Terms and Conditions Fedde&Kees BV
Article 1 - Definitions
In these conditions the following is meant:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting on the basis of his profession or business, who orders and/or purchases a product from Fedde&Kees via the website.
Day: calendar day;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available that a consumer can complete if he wants to exercise his right of withdrawal.
Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
2421 AD Nieuwkoop
E-mail address: firstname.lastname@example.org
Phone #: 0639786368
Chamber of Commerce #: 81481004
The brand Fedde&Kees is registered with the Benelux Office for Intellectual Property.
Article 3 The offerd
- The offer is without obligation and is valid while supplies last. A term offer can nevertheless be revoked by Fedde&Kees. This can be revoked within 5 days of receipt of the consumer's order.
- The offer is without obligation. Fedde&Kees reserves the right to change the offer.
- The quantities, weights, sizes, prices, colors, etc. stated in the online store are for information purposes only. Although the offer contains a description of the products offered that is as truthful as possible, reality may show deviations. Fedde&Kees cannot be held liable for this. Nor can it lead to damages or dissolution of the agreement.
- Images of products are a true representation of the products offered. Fedde&Kees cannot guarantee that the colors shown correspond exactly to the real colors of the products. The colors may always differ slightly from the color in the photo. This may have to do with the color setting on your PC, but also due to the different dye baths per shipment.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the agreement of the offer.
Article 4 - The price
- The prices stated in the offer are always in euros and include VAT and all possible other surcharges determined by the government.
- The prices stated in the offer do not include shipping costs, which are indicated separately on the website.
- In the case of an offer or promotional price for a product, this is valid for a limited period and only while stocks last.
- Fedde&Kees reserves the right to change prices. A price change will not take effect until the consumer has been informed of this by Fedde&Kees. If the price of a product increases in the period between the time of ordering and execution of the order by Fedde&Kees, the consumer has the right to terminate the agreement within 10 days after Fedde&Kees has announced the price increase.
- All prices are subject to printing, typographical and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, Fedde&Kees is not obliged to deliver the product at the incorrect price.en.
- Only 1 discount code can be used per order. The highest discount is calculated automatically. Discounts cannot be stacked.
Article 5 - Payment
- For orders via feddekees.nl can be paid using the payment options stated on the site. When paying by means of a credit card issued by a third party or by an electronic payment method, the relevant terms and conditions of the card issuer or bank apply.
Article 6 Payment/Retention of titled
- Ordering and paying for products is possible via the Fedde&Kees webshop. The product will only be sent to the specified delivery address after receipt of the full amount including shipping costs.
- Payments in the webshop are only possible with IDEAL and PayPal.
- As soon as the amount due has been received by Fedde&Kees, ownership is transferred from Fedde&Kees to the consumer.
Article 7 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 7.4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- The consumer will receive confirmation of the conclusion of the agreement by e-mail from Fedde&Kees.
- Fedde&Kees can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Fedde&Kees has good reasons not to enter into the agreement, Fedde&Kees is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 8 - Right of withdrawal
- The consumer has the purchase of products from Fedde&Kees, you have the option to terminate the agreement without arguments for 14 days. The cooling-off period starts after the product has been delivered to the consumer or a third party and provided the tag has not been broken. The said right expires as soon as the products have actually been put into use.
- If the consumer wishes to make use of this right of withdrawal, he is obliged to do so within the period stated in Article 8.1. Consumers can make this known using the model form which can be found on the website feddekees.nl.
- If the consumer has expressed the right of withdrawal and has presented the product unused, with unbroken tag, in original packaging, complete and without user damage to Fedde&Kees within 14 days after withdrawal, the purchase amount (excl. Shipping costs) will be refunded by Fedde&Kees within 14 days. deposited into a bank account specified by the consumer. Condition hereby is that the product has already been returned by Fedde&Kees.
- For further handling, see Fedde&Kees returns policy.
Article 9 - Costs in case of withdrawal
- The return shipping costs are always borne by the consumer.
- All legally required information about the right of withdrawal has been provided before concluding the purchase agreement by means of the consumer's acceptance of the general terms and conditions.
Article 10 - Exclusion of right of withdrawal
- Fedde&Kees can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if Fedde&Kees has clearly stated this in the offer, at least in time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- Products on sale, promotional prices, offers;
- Which are clearly tailor-made and personalized.
Article 11 - Delivery and execution
- Fedde&Kees takes the utmost care when processing product orders and assessing requests for services.
- The delivery address is the address that the consumer has provided to Fedde&Kees.
- Taking into account what is stated in paragraph 4 of this article, Fedde&Kees will attempt to deliver accepted orders within 3 working days. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified as soon as possible. If the order lasts less than 30 days, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, Fedde&Kees will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, Fedde&Kees will make an alternative proposal to the consumer. Within 24 hours you will be notified in a clear and understandable manner that an alternative product can be delivered.
- The risk of loss or damage to the products passes to the consumer at the time when they are legally and/or actually delivered to the consumer and are therefore placed under the control of the consumer or a third party to be designated by the consumer.
Article 12 Dissolution, suspension, non-performanceg
- Fedde&Kees is entitled to terminate the agreement with immediate effect if:
- The consumer acts contrary to any provision of the agreement between Fedde&Kees and the consumer;
- The consumer dies, applies for suspension of payments or files a declaration of bankruptcy or the consumer's bankruptcy is accepted;
- Any assets of the consumer are seized.
Article 13 Generaln
- These general terms and conditions apply to every offer from and agreement with Fedde&Kees and consumers.
- Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they were made.
- The rights and obligations arising from agreements between Fedde&Kees and the consumer cannot be transferred by the consumer to third parties, unless with written permission from Fedde&Kees.
- Other conditions are not accepted by Fedde&Kees, unless otherwise agreed in writing with Fedde&Kees.
- Situations that are not regulated by 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 of our terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions..
Article 14 Liabilityd
- Fedde&Kees is not liable for damage arising as a result of any shortcomings in the fulfillment of its obligation(s) towards the consumer. The fulfillment of the obligations under the warranty/complaint as described in Article 20. This is the only thing that is subject to full compensation. Any other claim for compensation, on whatever grounds, is excluded, unless there is intent or gross negligence on the part of Fedde&Kees or managers and subordinates.
- Fedde&Kees is also not liable for intent or (gross) negligence of (non-managerial) subordinates or of others it has engaged in the context of the execution of the agreement.
- Fedde&Kees accepts no liability for advice provided by or on behalf of it.
- The consumer must always give Fedde&Kees the opportunity to settle a complaint, otherwise liability and therefore compensation will lapse.
- If the consumer complains about defects in a product in a timely, correct and justified manner, the resulting liability for Fedde&Kees is limited to the obligation to supply the defective product new free of charge upon return of the defective product.
- Without prejudice to the provisions of the other paragraphs of this article, Fedde&Kees' liability, for whatever reason, is limited to the amount of the net price of the delivered goods. Compliance with this provision constitutes sole and complete compensation.
- Without prejudice to the provisions of paragraph 14.6, Fedde&Kees is never obliged to pay compensation in excess of the insured amount, insofar as the damage is covered by insurance taken out by Fedde&Kees.
- The consumer is familiar with the safety instructions and warnings to the consumer stated on the products, packaging and on the website. Fedde&Kees is not liable for damage, including immaterial damage and damage to health, that the consumer and/or third party may suffer and that is related to the use of the products.
Article 15 - Complaints procedure
- Fedde&Kees has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to Fedde&Kees within 7 days after the consumer has discovered the defects.
- Complaints submitted to Fedde&Kees will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Fedde&Kees will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. All disputes arising from the agreement concluded between the consumer and Fedde&Kees or from further agreements that may result from it will be settled by the competent court.
- A complaint does not suspend Fedde&Kees' obligations, unless Fedde&Kees indicates otherwise in writing.
- If a complaint is found to be justified by Fedde&Kees, it will, at its option, replace or repair the delivered products free of charge.
Article 16 Intellectual property rightsn
- All intellectual property rights, and more specifically copyright and rights relating to the models, brand, trade names, color combinations and fabric combination, rest with Fedde&Kees..
- Except for downloading and printing the information provided via the website for personal use, it is not permitted to copy, multiply or otherwise use information, texts, logos, brands, trade names, images, etc. without prior written permission from Fedde&Kees. to distribute/make public.
- In the event of violation of design protection, legal action will be taken. All disputes that arise will be settled by the competent court.
Article 17 - Force majeure
- Force majeure within the meaning of these general terms and conditions means any circumstance beyond the control and control of Fedde&Kees, whether or not foreseeable at the time the agreement was entered into, as a result of which compliance cannot reasonably be expected from Fedde&Kees, such as war government measures , lack of raw materials, factory or transport disruptions of any kind, work strikes, exclusion or lack of personnel, quarantine, epidemics, frost delay, shortcomings of third parties engaged by Fedde&Kees for the execution of the agreement (such as late delivery by suppliers), etc.
- Force majeure gives Fedde&Kees the right to either terminate the agreement in whole or in part or to suspend the performance of its obligations, without being obliged to pay damages. The consumer remains obliged to pay for the part of the agreement that has already been executed.
Article 18 - Disputes
- Agreements between Fedde&Kees and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 19 Partial nullityd
- If one or more provisions of this agreement with the consumer prove not to be legally valid or not entirely valid, the other provisions will remain fully in force. The invalid provisions will be replaced by an appropriate arrangement that comes as close as possible to the intention of the parties and the economic result they seek in a legally effective manner.
Article 20 Warranty/complainte
- Fedde&Kees guarantees that all items are suitable and legally permissible for the purpose for which they are intended, and that they conform to the agreed specifications.
With due observance of what is stated elsewhere in these conditions, Fedde&Kees guarantees the soundness and quality of the products it supplies for at least the following periods after the date of purchase:
- Two (2) months before:
- Six (6) months:
The Consumer cannot claim the aforementioned guarantee in the event of:
- Normal wear and tear
- Improper use
- No maintenance or incorrect maintenance
- Changes or repairs by the Consumer or by third parties
- Any government regulation regarding the nature or quality of the materials used.
- If a product is unusable due to damage during shipping, or does not correspond to what was ordered, the consumer has the option to return this product provided that this has been reported to Fedde&Kees within 24 hours.
- The consumer is obliged to read the instructions for use before using the delivered products and to use the product only in accordance with the instructions for use. The instructions for use can be found on the Fedde&Kees website.
Complaints are not possible if:
- The delivered goods exhibit one or more imperfections or deviations that fall within a reasonable tolerance.
- The products have been used for a purpose other than that for which they are normally intended or, in the opinion of Fedde&Kees, have been used, stored or transported incorrectly.
- The damage was caused by the negligence of the consumer or because the consumer acted contrary to the safety instructions, regulations and instructions for use of Fedde&Kees for the product in question.
- If the consumer, taking into account the provisions of the relevant agreement and the provisions of these general terms and conditions, complains within 5 days of receipt and the complaint is found to be well-founded by Fedde&Kees, Fedde&Kees will, at its option, replace the defective goods (or parts thereof) free of charge. (after which the replaced items become the property of Fedde&Kees) or a price reduction.
- Handling a complaint does not suspend the consumer's payment obligation.
- If attention is paid to a complaint other than the above, the consumer cannot derive any rights from this, this is done under the good will of Fedde&Kees.s.
Article 21 Privacy and personal datas
If you have any other questions, please feel free to contact us email@example.com. We are happy to help you.
For the other conditions see:
Model withdrawal form
(Only complete and return this form if you wish to withdraw from the agreement)
2421 AD Nieuwkoop
— I/We (*) hereby inform you that I/we (*) revoke (*) our agreement regarding the sale of the following goods/supply of the following service (*):
— Ordered on (DD-MM-YYYY): Order number::
— Received on (DD-MM-YYYY):
— Name(s) of consumer(s)
— Address consumer(s):
— IBAN bank account:
— Signature of consumer(s) (only when this form is submitted on paper)
(*) Delete what is not applicable.