General terms and conditions

Introduction

Below you will find our General Terms and Conditions. These are always applicable when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, read them carefully. We also recommend that you save or print these conditions so that you can read them again at a later time.

Definitions

Kerh: established in Rotterdam and registered with the Chamber of Commerce under registration number 92103391, trading under the name Kerh.
Website: the Kerh website, which can be consulted via www.kerh.nl and all associated subdomains.
Customer: the natural person who, not acting in the exercise of a profession or business, enters into an Agreement with Kerh and/or has registered on the Website.
Agreement: any arrangement or agreement between Kerh and Customer, of which agreement the General Terms and Conditions form an integral part.
General Terms and Conditions: these General Terms and Conditions.

Applicability of General Terms and Conditions

The General Terms and Conditions apply to all offers, agreements and deliveries from Kerh, unless expressly agreed otherwise in writing.
If the Customer includes provisions or conditions in its order, confirmation or communication of acceptance that deviate from or do not appear in the General Terms and Conditions, these will only be binding on Kerh if and to the extent that they have been expressly accepted by Kerh in writing.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions shall also apply, but in the event of conflicting conditions the Customer may always invoke the applicable provision that is most favourable to him.

Prices and information

All prices stated on the Website and in other materials originating from Kerh are inclusive of VAT and, unless otherwise stated on the Website, other levies imposed by the government.
If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. In addition, these costs will be displayed separately in the ordering process.
The content of the Website has been compiled with the utmost care. However, Kerh cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Kerh are therefore subject to obvious programming and typing errors.
Kerh cannot be held responsible for (colour) deviations due to screen quality.

Establishment of Agreement

The Agreement is concluded at the time the Customer accepts Kerh's offer and complies with the conditions set by Kerh.
If Customer has accepted the offer electronically, Kerh will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, Customer has the option to terminate the Agreement.
If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, Kerh has the right to fulfil its obligations only after the correct information has been received.
Kerh may, within the legal framework, inquire whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Kerh has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution, such as advance payment.

Registration

In order to make optimal use of the Website, Customer can register via the registration form/account login option on the Website.
During the registration procedure, Customer chooses a username and password with which he can log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
Customer must keep his login details, his user name and password strictly confidential. Kerh is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is also actually that Customer. Everything that happens via the Customer's account falls under the responsibility and risk of Customer.
If the Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Kerh of this, so that Kerh can take appropriate measures.

Execution of Agreement

Once the order has been received by Kerh, Kerh will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
Kerh is entitled to engage third parties to perform the obligations arising from the Agreement.
The delivery period is in principle 30 days. The method of delivery can take place in different ways and is at the discretion of Kerh.
If Kerh cannot deliver the products within the agreed term, it will notify Customer thereof. Customer may in that case agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge.
Kerh advises Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See further the Article on warranty and conformity.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, will pass to Customer. If expressly agreed otherwise, the risk will pass to Customer earlier. If Customer decides to collect the products, the risk will pass upon transfer of the products.
Kerh is entitled to deliver a similar product of similar quality as the ordered product, if the ordered product is no longer available. Customer is then entitled to terminate the Agreement free of charge and return the product free of charge.

Right of withdrawal

This article only applies to the Customer being a natural person who is not acting in the exercise of his profession or business.
The Customer has the right to cancel the remote Agreement with Kerh within 14 days after receipt of the product, without giving any reason and free of charge.
The term commences on the day after the Customer, or a third party designated by the Customer in advance, who is not the carrier, has received the product, or:

if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by the Customer, has received the last product;
if the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by the Customer, has received the last shipment or the last part;
in the case of Agreements for regular delivery of products during a specific period: the day on which the Customer, or a third party designated by the Customer, has received the first product.

Customer must bear the return costs themselves, if these costs are higher than the regular postal rate, Kerh will provide an estimate of these costs. The shipping costs incurred by Customer when purchasing the product are not included in the costs for returning and remain at Customer's own expense.
Within the withdrawal period referred to in paragraph 1, Customer will handle the product and packaging with care. Customer will only open the packaging and use the product to the extent necessary to check the nature, characteristics and functioning of the products. The starting point here is that this inspection may not go further than Customer would be able to do in a physical store.
Customer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in the previous paragraph.
Customer may terminate the Agreement in accordance with the term set out in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Kerh, or by informing Kerh in another unambiguous manner that he is withdrawing from the purchase. In the event of a digital notification, Kerh will confirm receipt of that notification. After termination, Customer has 14 days to return the product. It is also possible to return the product directly within the cooling-off period set out in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is enclosed.

Products can be returned to:

Kerh

Pancake Street 50 b

3011 LH, Rotterdam

Any amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement, in the same manner in which the Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Kerh does not have to refund the additional costs for the more expensive method. Unless Kerh offers to collect the product itself, Kerh may wait with refunding until Kerh has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.
The Website will clearly state, in good time before the Agreement is concluded, whether or not the right of withdrawal applies and any desired procedure.

Payment

Customer must make payments to Kerh according to the payment methods indicated in the order procedure and possibly on the Website. Kerh is free to choose the payment methods it offers and these may also change from time to time. In the event of payment after delivery, Customer has a payment term of 14 days starting on the day after delivery.
If the Customer fails to meet his payment obligation(s) on time, after Kerh has notified him of the late payment and Kerh has granted the Customer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the Customer will owe statutory interest on the amount still owed and Kerh will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. Kerh may deviate from the stated amounts and percentages to the benefit of the Customer.

Warranty and conformity

This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Kerh provides a separate guarantee on the products, this applies, without prejudice to the above, to all types of Customers.
Kerh guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date of the conclusion of the Agreement. If specifically agreed, Kerh also guarantees that the product is suitable for other than normal use.
Any warranty provided by Kerh, the manufacturer or the importer does not affect the statutory rights and claims that the Customer already has and can invoke under the Agreement.
If the delivered product does not comply with the Agreement, the Customer must notify Kerh thereof within a reasonable period after discovering the defect.
If Kerh considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum reimbursement is, taking into account the Article regarding liability, equal to the price paid by the Customer for the product.

Complaints procedure

If Customer has a complaint about a product (in accordance with the Article on Warranty and Conformity) and/or other aspects of Kerh's service provision, Customer may submit a complaint to Kerh by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
Kerh will respond to the Customer's complaint as soon as possible, but in any case within 7 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Kerh will confirm the complaint within 7 days of receipt of the complaint and provide an indication of the period within which it expects to provide a substantive or definitive response to the Customer's complaint.
Customers who are not acting in the exercise of their profession or business may also file a complaint via the European dispute resolution platform, which can be reached via http://ec.europa.eu/odr/ .

Personal data

Kerh processes the personal data of the Customer in accordance with the privacy statement published on the Website.

Final provisions

The Agreement is governed by Dutch law.
Unless otherwise prescribed by mandatory law, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Kerh is established.
If a provision in these General Terms and Conditions proves to be null and void, this shall not affect the validity of the entire General Terms and Conditions. In that case, the parties shall establish (a) new provision(s) as a replacement, which shall give effect to the intention of the original provision as much as is legally possible.
In these General Terms and Conditions, “written” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.

Kerh

Pancake Street 50 b

3011 LH, Rotterdam

E-mail: hello@kerh.nl

Chamber of Commerce number: 92103391
VAT number: NL004938352B14