General Terms and Conditions Fedde&Kees B.V.

Article 1 – Definitions

In these terms and conditions, the following terms shall have the meanings ascribed to them:

Thinking time: the period within which the consumer can exercise their right of withdrawal;

Consumer the natural person not acting in their professional or business capacity, who orders and/or buys a product from Fedde&Kees via the website.

Day calendar day;

Right of withdrawal the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Model form the model withdrawal form provided by the trader which a consumer can fill in when they wish to exercise their right of withdrawal.

Distance contract: a contract where, within the framework of a system for distance selling of products and/or services organised by the trader, only one or more distance communication techniques are used until the conclusion of the contract;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the trader

Fedde & Kees B.V.
Zuideinde 163
2421 AD Nieuwkoop
Netherlands
Email address klantenservice@feddekees.nl
Telephone #: 0639786368
KvK #: 81481004
BTW#: NL862110452B01

The brand Fedde&Kees is registered with the Benelux Office for Intellectual Property.

Article 3 – The Offer

The offer is entirely non-binding and is valid while stocks last. A limited-time offer may nevertheless be revoked by Fedde&Kees. This can be revoked within 5 days of receipt of the consumer's order.
The offer is non-binding. Fedde&Kees reserves the right to change the offer.
The quantities, weights, sizes, prices, colours, etc. listed in the online shop are for information purposes only. Although the offer contains the most accurate description possible of the products offered, reality may show deviations. Fedde&Kees cannot be held liable for this. Nor may this lead to compensation for damages or dissolution of the agreement.
Images of products are a true representation of the products offered. Fedde&Kees cannot guarantee that the displayed colours will exactly match the real colours of the products. The colours may always differ slightly from the colour in the photo. This could be due to the colour settings on your PC, but also to different dye lots per consignment.
Each offer contains such details that it is clear to the consumer what rights and obligations are attached to the contract 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 shown with the offer are exclusive of shipping costs, which will be 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 exclusively while stocks last.
Fedde&Kees reserves the right to change prices. A price change will not take effect any sooner than the moment the consumer has been notified of it by Fedde&Kees. If the price of a product increases in the period between the moment of order and the execution of the order by Fedde&Kees, the consumer has the right to dissolve the agreement within 10 days of the price increase being announced by Fedde&Kees.
All prices are subject to printing, typing, and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Fedde&Kees is not obliged to deliver the product at the incorrect price.
Only one discount code can be used per order. The highest discount will be applied automatically. Discounts cannot be combined.

Article 5 – Payment

When ordering via feddekees.nl, payment can be made using the payment options listed on the site. For payments made by credit card issued by a third party or by electronic payment method, the relevant terms and conditions of the card issuer or bank shall apply.

Article 6 – Payment/Retention of Title

It is possible to order and pay for products 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 on the webshop are only possible with IDEAL and PayPal.
Once the amount due has been received by Fedde&Kees, ownership will pass from Fedde&Kees to the consumer.

Article 7 – The Agreement

The agreement shall come into effect, subject to article 7.4, at the moment of acceptance by the consumer of the offer and fulfilment of the conditions stated therein.
The consumer will receive an email confirmation from Fedde&Kees regarding the conclusion of the agreement.
Fedde&Kees may, within legal limits, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If Fedde&Kees has good grounds to refuse to enter into the contract based on this investigation, Fedde&Kees is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 8 – Right of Withdrawal

The consumer has the right to cancel the agreement without giving any reason within 14 days of purchasing products from Fedde&Kees. The cooling-off period begins after the product has been delivered to the consumer or a third party, provided the tag has not been broken. If the product has actually been used or damaged, a depreciation charge will apply.
If the consumer wishes to exercise this right of withdrawal, they are obliged to do so within the period specified in Article 8.1. To exercise the right of withdrawal, you must inform us (Fedde&Kees B.V., Zuideinde 163, 2421 AD Nieuwkoop, klantenservice@feddekees.nl, Telephone #: 06-39786368) of your decision to revoke the agreement via an unambiguous statement (e.g., in writing by post or email). You may use the attached model form for withdrawal for this purpose, but you are not obliged to do so.

If the consumer has indicated their right of withdrawal and returns the product with all accessories supplied and, if reasonably possible, in its original condition and packaging within 14 days of withdrawal, the purchase price will be refunded by Fedde&Kees within 14 days to a bank account specified by the consumer. A condition for this is that the product has already been returned to Fedde&Kees.
For further handling, please see the Fedde&Kees return policy.

Article 9 – Costs in case of withdrawal

The shipping costs for returns are always borne by the consumer.
All legally required information regarding the right of withdrawal has been provided, which occurs before the conclusion of the purchase agreement through the consumer's agreement to the terms and conditions.

Article 10 – Exclusion of the right of withdrawal

Fedde&Kees may exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal shall only apply if Fedde&Kees has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
That are clearly tailor-made and personalised.

Article 11 – Delivery and performance

Fedde&Kees takes the greatest possible care in processing product orders and in assessing requests for services.
The delivery address is the address that the consumer has made known to Fedde&Kees.
Subject to the provisions of Article 4, Fedde&Kees shall endeavour 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 delivery takes less than 30 days, the consumer shall have the right to dissolve the agreement free of charge in that case. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any mentioned delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, Fedde&Kees shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, Fedde&Kees will make an alternative proposal to the consumer. Within 24 hours, it will be clearly and understandably communicated that an alternative product can be delivered.
The risk of loss of or damage to the products passes to the consumer at the moment when they are legally and/or de facto delivered to the consumer, and are thereby placed in the possession of the consumer or of a third party designated by the consumer.

Article 12 – Dissolution, suspension, non-performance

Fedde&Kees is authorised to terminate the agreement with immediate effect if:
The consumer acts in breach of any provision of the agreement between Fedde&Kees and the consumer;
the consumer dies, applies for a moratorium, or files for bankruptcy, or the consumer's bankruptcy is accepted;
Any of the consumer's assets are seized.

Article 13 – General

These terms and conditions apply to every offer from and agreement with Fedde&Kees and the consumer.
Additions or deviations from these terms must be agreed in writing and shall only apply to the agreement for which they were made.
The rights and obligations arising from agreements between Fedde&Kees and the consumer may not be transferred by the consumer to third parties, unless with the written consent of Fedde&Kees.
Other terms and conditions are not accepted by Fedde&Kees, unless otherwise agreed in writing with Fedde&Kees.
Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

Article 14 – Liability

Fedde&Kees shall not be liable for damage arising from any failure to fulfil its obligation(s) to the consumer. The fulfilment of warranty/complaint obligations as described in Article 20 shall be the sole comprehensive compensation. Any other claim for compensation, for whatever reason, is excluded, unless there is intent or gross negligence on the part of Fedde&Kees or its management and subordinates.
Fedde&Kees shall not be liable for intent or (gross) negligence of (non-supervisory) subordinates or of others engaged by them in the performance of the agreement.
Fedde&Kees accepts no liability for advice provided by, though or on behalf of it.
The consumer must always give Fedde&Kees the opportunity to resolve a complaint, otherwise the claim of liability, and therefore compensation, will lapse.
If the consumer complains in a timely, correct and justified manner about defects in a product, Fedde&Kees's resulting liability is limited to the obligation to provide a free replacement for the non-conforming product upon return of the defective product.
Without prejudice to the provisions of the other paragraphs of this article, the liability of Fedde&Kees, on whatever grounds, shall be limited to the amount of the net price of the delivered goods. Compliance with this provision shall be deemed to be the sole and full compensation.
Without prejudice to the provisions of clause 14.6, Fedde&Kees shall never be obliged to pay compensation exceeding the insured amount, insofar as the damage is covered by an insurance policy taken out by Fedde&Kees.
The consumer is aware of the safety regulations and warnings on the products, packaging, and website. Fedde&Kees is not liable for any damage, including indirect damage and health damage, sustained by the consumer and/or third parties, which is related to the use of the products.

Article 15 – Complaints Procedure

Fedde & Kees has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints regarding the execution of the agreement must be submitted to Fedde&Kees, fully and clearly described, within 7 days after the consumer has discovered the defects.
Complaints submitted to Fedde&Kees will be answered within 14 days 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 through mutual consultation, a dispute arises which is subject to the dispute resolution procedure. All disputes arising from the agreement concluded between the consumer and Fedde&Kees, or from further agreements that may result from it, shall be settled by the competent court.
A complaint does not suspend the obligations of Fedde&Kees, unless Fedde&Kees indicates otherwise in writing.
If a complaint is found to be well-founded by Fedde&Kees, they will, at their discretion, either replace or repair the delivered products free of charge.

Article 16 – Intellectual Property Rights

All intellectual property rights, and more specifically copyright and rights relating to the designs, the trademark, trade names, colour combinations and fabric combinations, reside with Fedde&Kees®.
Except for downloading and printing the information provided on the website for personal use, it is not permitted to reproduce, duplicate, or distribute/publish any information, text, logos, brands, trade names, images, etc. in any way without the prior written consent of Fedde&Kees.
In the event of infringement of model protection, legal action will be taken. All disputes that arise will be settled by the competent court.

Article 17 – Force majeure

"Force majeure" in the context of these General Terms and Conditions shall mean any circumstance beyond the control and will of Fedde&Kees, whether foreseeable at the time of entering into the agreement or not, as a result of which performance cannot reasonably be expected from Fedde&Kees. This includes, but is not limited to, war, governmental measures, shortage of raw materials, factory or transport disruptions of any kind, labour strikes, lockouts or staff shortages, quarantine, epidemics, frost damage, defaults by third parties engaged by Fedde&Kees for the performance of the agreement (such as, but not limited to, 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 liable for damages. The consumer remains obligated to pay for the part of the agreement already performed.

Article 18 – Disputes

Dutch law shall apply exclusively to agreements between Fedde&Kees and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 19 – Partial invalidity

If one or more provisions of this agreement with the consumer prove to be invalid or not entirely valid, the remaining provisions shall remain in full force. In place of the invalid provisions, a suitable arrangement will apply, which comes as close as possible to the intention of the parties and the economic result pursued by them in a legally effective manner.

Article 20 – Guarantee/Complaint

Fedde&Kees guarantees that all goods are suitable and legally permissible for the purpose for which they are intended, and that they conform to the agreed specifications.
Subject to the provisions elsewhere in these terms and conditions, Fedde&Kees warrants the soundness and quality of the products it supplies for at least the following periods after the date of purchase:
Two (2) months before:
NUNKI
Bundles
Six (6) months:
Fulu
PROPOSAL
Lily
The Consumer cannot claim the aforementioned warranty in the event of:
Normal wear and tear
Unwise use
Incorrect or improperly executed maintenance
Modifications or repairs by the Consumer or by third parties
Enig voorschrift van de overheid betreffende de aard of de kwaliteit van de toegepaste materialen.
If a product is unusable due to damage during shipping, or if it does not match what was ordered, the consumer has the option to return the product, provided this is reported to Fedde&Kees within 24 hours.
The consumer is obliged to read the instructions for use before using the supplied 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.
Claims 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 different purpose than they are normally intended for, or have been used, stored, or transported incorrectly in the opinion of Fedde&Kees.
The damage was caused by the consumer's negligence or by the consumer acting in contravention of Fedde&Kees's safety instructions, regulations, and operating manual for the product concerned.
If the consumer complains within 5 days of receipt, taking into account the provisions of the relevant agreement and these general terms and conditions, and the complaint is found to be justified by Fedde&Kees, Fedde&Kees shall, at its discretion, replace the defective goods (or parts thereof) free of charge (after which the replaced goods become the property of Fedde&Kees) or provide a price reduction.
The processing of a complaint does not suspend the consumer's payment obligation.
If attention is paid to a complaint outside of what is mentioned above, the consumer cannot derive any rights from this; this is done out of goodwill from Fedde&Kees.

Article 21 – Privacy and personal data

Fedde&Kees will process and handle all data and information in accordance with its privacy policy, which can be found on the Fedde&Kees website.

Other questions
If you have any further questions, please feel free to contact us via klantenservice@feddekees.nl. We are happy to help.

For the remaining terms and conditions, see:

Model withdrawal form

(Please complete and return this form only if you wish to revoke the agreement)

Fedde & Kees B.V.

Zuideinde 163

2421 AD Nieuwkoop

klantenservice@feddekees.nl

06-39786368

— I/We (*) hereby inform you that I/we (*) revoke our contract concerning the sale of the following goods/provision of the following service (*):