Terms & Conditions
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
Reflection period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration transaction: A distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time.
Durable medium: Any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way accessible for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The option for the consumer to cancel the distance contract within the reflection period.
Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
Distance contract: An agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
Remote communication technology: A means of concluding an agreement without the consumer and the entrepreneur being in the same room at the same time.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
KB Baits
Sharp Grass 32,
3206 SL Spijkenisse
Telephone number: +31 (0)6-24815715 (available during office hours from 9am to 5pm)
E-mail address: info@KBbaits.nl
Chamber of Commerce number: 89092554
VAT identification number: NL004692256B77
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur 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, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the provision most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions of these terms and conditions are at any time wholly or partially invalid or canceled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions should be assessed in accordance with the spirit of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in accordance with the spirit of these terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offering is non-binding. The entrepreneur is entitled to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors 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. These concerns in particular:
1. The price including taxes;
2. Any shipping costs;
3. The manner in which the agreement will be concluded and the actions required for this;
4. Whether or not the right of withdrawal applies;
5. The method of payment, delivery and performance of the agreement;
6. Whether the agreement will be archived after it has been concluded and, if so, how it can be consulted by the consumer;
7. The manner in which the consumer can check the data provided by him in the context of the agreement before concluding the agreement and, if necessary, rectify it;
8. Any languages other than Dutch in which the agreement can be concluded;
9. The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
10. The minimum duration of the distance contract in the event of a continuing performance contract.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded upon the consumer's acceptance of the offer and compliance with the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
1. The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. Information about guarantees and existing after-sales service;
4. The information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to cancel the agreement within 14 days without giving reasons. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and notified to the entrepreneur, receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must do so by email to info@KBbaits.nl. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time by providing proof of shipment with a track & trace code.
If the consumer has not indicated their wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or has not returned the product to the entrepreneur, the purchase is final.
Article 7 - Costs in case of revocation
If the consumer exercises their right of withdrawal, the costs of return are at their expense.
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 subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any diminished value of the product.
The consumer cannot be held liable for diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal. This must be done before concluding the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
1. That have been created by the entrepreneur according to the consumer's specifications;
2. That cannot be returned due to their nature;
3. That can spoil or age quickly;
4. For hygienic products of which the consumer has broken the seal.
Article 9 - The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except
for price changes due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. These are the result of statutory regulations or provisions; or
2. The consumer has the authority to terminate the agreement effective from the date on which the price increase takes effect.
The prices stated in the offer of products or services include all taxes, unless stated otherwise.
All prices are subject to printing and typographical errors.
In case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. The entrepreneur does not guarantee the suitability of the product for anything other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two weeks of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
1. The consumer has modified the delivered products themselves or has had them modified by third parties;
2. The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
3. The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a delivery time does not entitle the consumer to compensation.
In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The delivery of a replacement item will be clearly and comprehensively communicated at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative announced to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Payment
Amounts owed by the consumer must be paid in advance.
The consumer is obliged to immediately report any inaccuracies in the payment information provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs made known to the consumer in advance.
Article 13 – Complaints procedure
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 7 days of the consumer discovering the defects, fully and clearly described and accompanied by images in the event of damage.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises in which the entrepreneur will cancel the purchase, provided the delivered goods are returned undamaged.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If the entrepreneur finds a complaint to be justified, the entrepreneur will, at his discretion, either replace the delivered products free of charge.
Article 14 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 15 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Withdrawal form:
(Only complete and return this form if you wish to cancel the agreement)
To: KB Baits
Sharp Grass 32
3206 SL Spijkenisse
The Netherlands
Telephone number: +31 (0)6-24815715