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Terms and conditions of use

Article 1 - Definitions

In these terms and conditions, the following definitions have the following meanings:

Sleep period: the period during which the consumer may exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business activity and who enters into a distance contract with the contractor;

Transaction of duration: a distance contract concerning a number of products and/or services whose delivery and/or purchase obligation is spread over a longer period of time;

Durable data medium: any means enabling the consumer or contractor to store information addressed personally to him in a way that allows future consultation and identical reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to cancel the distance contract during the withdrawal period;

Contractor: the natural or legal person who offers distance selling of products and/or services to consumers;

Distance contract: an agreement whereby, as part of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more distance communication techniques;

Remote communication techniques: means that can be used to conclude a contract without the consumer and the contractor having met in the same room at the same time.

General conditions: the present general conditions of the contractor.

Article 2 - Contractor's identity

Company information:

Kadenoshop

Email: info@kadenoshop.com

Phone number: +31622249936

Landstraat 31, 9934 BH

Netherlands

 


Article 3 - Applicability

These general terms and conditions apply to all offers made by the contractor and to all distance contracts and orders concluded between the contractor and the consumer.

Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions can be consulted at the contractor's premises and that they will be sent to the consumer free of charge as soon as possible on request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically so that he can store it simply on a durable data medium. If this is not reasonably possible, it will be indicated prior to the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision which is most favourable to him.

If one or more provisions of these terms and conditions should at any time be wholly or partly invalid or void, the agreement and these terms and conditions shall otherwise remain in full force and effect and the provision in question shall immediately be replaced, in consultation between the parties, by a provision which comes as close as possible to the purpose of the original provision.

In the event of ambiguity concerning the interpretation or content of one or more provisions of our general terms and conditions, the interpretation will be made "in the spirit" of these provisions.

Situations not covered by these terms and conditions will be assessed "in the spirit" of these terms and conditions.

Any ambiguity as to the interpretation or content of the provisions of these general terms and conditions shall be interpreted in favor of the consumer.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer.

The offer contains a complete and precise description of the products and/or services offered. The description must be sufficiently detailed to enable the consumer to properly evaluate the offer. If the contractor uses images, these must accurately represent the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the contractor.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This applies in particular to

Price including VAT;

Any delivery charges;

the manner in which the contract will be concluded and the actions required to this end

whether or not there is a right of withdrawal

The method of payment, delivery and performance of the contract;

the deadline for acceptance of the offer or the period during which the contractor guarantees the price;

The level of the tariff for remote communication, if the costs of using the remote communication technique are calculated on a basis other than the basic tariff;

Whether the agreement is archived after conclusion and, if so, how it can be consulted by the consumer;

how the consumer can check and, if necessary, correct the data he or she has supplied in connection with the contract before it is concluded;

the other languages in which the contract may be concluded, in addition to Dutch;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The contract

Without prejudice to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. Until receipt of such acceptance has been confirmed by the contractor, the consumer may terminate the agreement.

If the agreement is concluded electronically, the contractor must take appropriate technical and organizational measures to protect the electronic transfer of data and guarantee a secure web environment. If the consumer can pay electronically, the contractor must take appropriate security measures.

The entrepreneur may, within the legal framework, inquire into the consumer's ability to fulfill his payment obligations, as well as into all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to conclude the agreement, he has the right to refuse an order or request or to attach special conditions to its execution, while giving reasons for his decision.

The contractor will attach the following information to the product or service supplied to the consumer, in writing or in such a way that the consumer can keep it accessible on a durable data medium:
The visiting address of the contractor's business to which the consumer may address a complaint;
The conditions and manner in which the consumer can make use of his right of withdrawal, or clear notification of the exclusion of the right of withdrawal;
information on existing guarantees and after-sales services;
The data referred to in article 4, paragraph 3, of these general terms and conditions, unless the contractor has already provided this data to the consumer prior to the execution of the agreement;
the conditions for cancelling the agreement if it is for more than one year or for an indefinite period.

In the case of a fixed-term transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of cancellation

Upon delivery of products:

When purchasing products, the consumer has the right to cancel the contract without giving any reason for a period of 30 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the contractor.

During the cooling-off period, the consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and function of the product. The basic principle is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for any depreciation of the product resulting from handling of the product beyond what is permitted under paragraph 1.

The consumer's right of withdrawal does not apply at weekends or on public holidays. The cooling-off period is a period during which the consumer can assess whether he or she wishes to keep the product or service.

In the case of services:

In the case of the provision of services, the consumer has the right to cancel the contract without giving reasons for at least 30 days from the day on which the contract was concluded.

To exercise his right of withdrawal, the consumer must comply with the reasonable and clear instructions given by the contractor in the offer and/or at the latest at the time of delivery.

Article 7 - Costs in the event of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear the cost of returning the goods at the most.

If the consumer has paid an amount, the contractor must refund this amount as quickly as possible, but at the latest within 30 days of the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

The contractor may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the trader has clearly indicated this in the offer or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products which are
which are created by the contractor in accordance with the consumer's specifications ;
are clearly of a personal nature
cannot be returned due to their nature
which are damaged or age rapidly;
whose price depends on fluctuations in the financial market beyond the contractor's control;
For individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
Exclusion of the right of cancellation is only possible for services:
concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
When delivery has begun with the consumer's express agreement before the expiration of the withdrawal period;
concerning betting and lotteries.
Exclusion of the right of withdrawal is only possible for professional consumers.

Article 9 - Prices

The prices mentioned in the product or service offer include VAT.

Additional charges:

The contractor shall inform the consumer in a clear and comprehensible manner if charges other than the normal charges apply.

General :

The price indication must be sufficiently detailed for the consumer to clearly understand the price of the product or service, including all taxes. It must also state whether and how delivery charges will be billed, or whether delivery is free or not. And that there is a right of withdrawal.

Article 10 - Conformity and warranty

The Professional guarantees that the products and/or services conform to the contract, to the specifications indicated in the offer, to reasonable requirements in terms of reliability and/or ease of use and to the legal and/or regulatory provisions in force at the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A warranty by the trader, his supplier, the manufacturer or the importer does not affect the legal rights and claims that the consumer may have against the trader under the contract.

Defects or incorrectly delivered products must be reported to the contractor in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

The contractor's warranty period corresponds to the factory warranty period. However, the contractor is never responsible for the final suitability of the products for each individual use by the consumer, or for any advice concerning the use or application of the products.

The warranty does not apply if

The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;

The delivered products have been exposed to abnormal conditions or treated negligently or contrary to the instructions of the contractor and/or packaging;

The deficiency results in whole or in part from regulations imposed or to be imposed by public authorities concerning the nature or quality of the materials used.

Article 11 - Delivery and performance

The contractor will take the utmost care in receiving and fulfilling orders for products and evaluating requests for services.

The place of delivery is the address communicated to the company by the consumer.

Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders as quickly as necessary, but at the latest within 30 days, unless the consumer has agreed 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 informed within 30 days of placing the order. In this case, the consumer has the right to cancel the contract free of charge and the right to compensation.

After termination in accordance with the preceding paragraph, the contractor will immediately refund the amount paid by the consumer.

The risk of damage to and/or loss of the products shall be borne by the contractor up to the time of delivery to the consumer or to a representative appointed in advance and brought to the contractor's attention, unless explicitly agreed otherwise.

The contractor is entitled to make partial deliveries. This does not apply if a partial delivery has no independent value. The consumer may withdraw from the agreement if a partial delivery has no independent value.

If the agreement is concluded electronically, the contractor will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the contractor will take appropriate security measures.

The contractor may, within the legal framework, inquire into the consumer's ability to fulfill his payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to conclude the agreement, he has the right to refuse an order or request or to attach special conditions to its execution, while giving reasons for his decision.

The contractor will attach the following information to the product or service supplied to the consumer, in writing or in such a way that the consumer can keep it accessible on a durable data medium:

The visiting address of the contractor's business to which the consumer may address a complaint;

The conditions and manner in which the consumer can make use of his right of withdrawal, or clear notification of the exclusion of the right of withdrawal;

information on existing guarantees and after-sales services;

The data referred to in article 4, paragraph 3, of these general terms and conditions, unless the contractor has already provided this data to the consumer prior to the execution of the agreement;

the conditions for cancelling the agreement if it is for more than one year or for an indefinite period.

In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 12 - Duration transactions: duration, termination and renewal

Termination:

The consumer may terminate at any time a contract concluded for an indefinite period for the regular supply of products (including electricity) or services, subject to compliance with agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.

Consumers may terminate the contracts mentioned in the preceding paragraphs:

Terminate at any time and not be restricted to termination at a specific time or during a specific period;

terminate in at least the same way as they entered into them;

Always terminate with the same notice period the contractor has set for itself.

Renewal:

An agreement which has been entered into for a fixed term and which provides for the regular supply of products (including electricity) or services cannot be extended or tacitly renewed for a fixed term.

Contrary to the previous paragraph, a fixed-term contract concluded for the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months if the consumer can terminate the renewed contract at the end of the renewal period with a notice period not exceeding one month.

A fixed-term contract concluded for the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time by giving not more than one month's notice. The notice period may not exceed three months if the contract covers the regular delivery of daily or weekly newspapers or magazines, but less than once a month.

A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) does not continue tacitly and terminates automatically at the end of the trial or introductory period.

Duration:

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a maximum of one month's notice, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the consumer must pay the amounts due within 7 working days of the start of the cooling-off period referred to in article 6, paragraph 1. In the case of an agreement for the supply of a service, this period begins to run once the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in the payment information given or provided to the operator.

In the event of non-payment by the consumer, the contractor is entitled, subject to legal restrictions, to charge the reasonable costs notified to the consumer in advance.

Article 14 - Complaints procedure

Complaints concerning the performance of the agreement must be addressed to the contractor in a complete and clearly described form within 7 days of the consumer's discovery of the defects.

Complaints addressed to the contractor will receive a response within 14 days of receipt. If a complaint requires a longer foreseeable processing time, the contractor will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises and may be settled.

A complaint does not suspend the contractor's obligations, unless the contractor decides otherwise in writing.

If the Contractor considers that a complaint is justified, it will replace or repair the delivered products free of charge, at its discretion.

Article 15 - Disputes

Agreements between the contractor and the consumer, to which these general terms and conditions apply, are subject exclusively to Dutch law, even if the consumer resides abroad.

Article 16 - SMS marketing

By accepting SMS marketing from kadenoshop.com at checkout and initiating a purchase or registering via our subscription tools, you agree to receive recurring SMS messages (for your order, including reminders of cancelled purchases), text marketing offers and transactional texts, including evaluation requests from us, even if your cell phone number is on a national or federal "do not call" list. The frequency of messages varies. Consent is not a condition of purchase.

If you wish to stop receiving SMS marketing messages and notifications, you must reply STOP to each mobile message we send or use the unsubscribe link we provide in each of our messages. You understand and agree that alternative unsubscribe methods, such as using other words or requests, are not considered an appropriate unsubscribe method. We do not charge for the service, but you are responsible for all fees and charges levied by your mobile operator for text messages. Message and data charges may apply.

If you have any questions, you can send a text message with HELP to the number from which you received the messages. You can also contact us at https://www.kadenoshop.com/pages/contact for further information.

We reserve the right to change the telephone numbers or short codes we use to operate the service at any time. You will be informed of any such changes. You agree that messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received and that we are not responsible for fulfilling any requests made in such messages.

To the extent permitted by law, you agree that we are not responsible for the non-delivery, delay or mis-delivery of information transmitted through the service, for errors in such information, and/or for actions you take or fail to take based on the information provided or the service. Your right to privacy is important to us. You can read how we collect and use your personal data in our privacy policy https://www.kadenoshop.com/pages/datenschutz-bestimmungen.