All purchases made on this website are governed by Dutch law on distance selling. The Purchase Contract is deemed as being confirmed by the Buyer upon conclusion of the web purchasing procedure. The Contract is completed and concluded once dispatch has been effectuated or following notification to the Customer by email confirming dispatch. All prices shown on the website are inclusive of VAT and valid only for purchases completed online. The products displayed are intended as available for immediate delivery unless otherwise indicated in the product tab (for further information on this, please refer to the icon specifications page). In the event of any delays or problems, the Customer shall be immediately notified via email or telephone. Pro Kennex Benelux BV reserves the right not to complete the Order for any reason and at any time prior to shipment. If the reason is, for example, a momentary lack of availability of one or more products, Pro Kennex Benelux BV undertakes to deliver the Order to the Customer within 30 working days from the date of Order placement, without having to refund the amount of the Order (shipping excluded). In the event that such exceeds 30 working days, the Customer may choose whether to wait for the Order to be delivered within the delivery time verified by Pro Kennex Benelux BV or to be reimbursed (only for the amount of the product[s] purchased and not delivered) by means of a coupon or monetary reimbursement. Anything not specified herein is governed by Dutch general law. If you require an invoice, please enter the details in the purchase details. Online prices may vary without notice in accordance with market trends or company decisions and are valid for online sales only.
Field of Application
1.1
These General Terms and Conditions (hereinafter, the “General Terms and Conditions”) of Pro Kennex Benelux (hereinafter, the “Seller”), shall apply to all Contracts entered into by a Consumer or Professional (hereinafter, the “Customer”) with the Seller regarding goods and/or services for sale from the Seller’s online shop. These conditions exclude the application of the Customer’s own provisions, unless otherwise agreed upon.
1.2
For the purposes of these General Terms and Conditions, the “Consumer” shall refer to any natural person who concludes a legal transaction for purposes that are not within the scope of their own commercial or independent professional activity. The term “Professional” means any natural or legal person or partnership with a legal personality who, in concluding a legal transaction, acts for purposes relating to their commercial or independent professional activity.
Stipulation of the Contract
2.1
The product descriptions in the Seller’s online shop constitute binding offers from the Seller.
2.2
The Customer may accept the offer via the Order Form in the Seller’s online shop. In the event that the Order is placed via the Online Order Form, after entering the personal data, the Customer may click on the validation button at the end of the purchase procedure, providing legally-binding acceptance of the contractual offer in relation to the goods contained in their shopping cart. However, the Offer can only be accepted if the Customer ticks the appropriate box below the text reading, “I expressly declare having read and accepted the General Terms and Conditions of Sale”, confirming that they agree to the contractual conditions.
2.3
The Seller shall send the Customer confirmation of the Order via post or email.
2.4
In the event of acceptance of an Offer via the Seller’s Online Order Form, the contractual text shall be saved by the Seller and sent to the Customer after the respective Order has been submitted, together with the text of the General Terms and Conditions (by email, fax or post, for example). The contractual text will also be stored on the Seller’s website. The Customer will be able to access such at no cost via their password-protected account by entering the relevant login data, provided that the Customer has created an account in the Seller’s online shop prior to placing the Order. In any event, the Seller shall send the Customer an Order Confirmation, indicating the possibility of downloading and printing the General Terms and Conditions via the “Print” function.
2.5
Prior to the binding submission of the Order via the Seller’s Online Order Form, the Customer may correct their data at any time using the regular mouse and keyboard functions. Furthermore, before the binding submission of the Order, all data will be displayed in a confirmation window, where the details can still be edited using the regular mouse and keyboard functions.
2.6
If the Customer is acting as a Consumer, the only language available for concluding the Contract are Dutch and English.
Right of Withdrawal
3.1
Consumers are entitled to exercise the Right of Withdrawal.
3.2
For further information on the Right of Withdrawal, please refer to the relevant notice in the pertinent section.
Prices and Payment Terms
4.1
Unless otherwise indicated by the Seller in the product description, the prices indicated by the Seller are final and inclusive of applicable statutory taxes. Any additional shipping and delivery costs shall be indicated separately in the respective product descriptions.
4.2
The Customer has various payment options at their disposal, which are all displayed on the Seller’s website.
4.3
If advance payment is agreed upon, the balance shall be paid upon conclusion of the Contract.
Shipping
5.1
The goods are shipped through a forwarding agent to the address indicated by the Customer. The Order is processed, taking into account the shipping address provided. Notwithstanding the above, if payment by PayPal has been chosen, the delivery address indicated by the Customer at the time of payment by PayPal shall prevail.
5.2
If the courier sends the goods back to the Seller due to the impossibility of delivery to the Customer, the costs of the unsuccessful shipment shall be borne by the Customer. This does not apply if the Customer exercises the Right of Withdrawal where the circumstance that rendered delivery impossible is not attributable to the Customer directly or where the Customer was temporarily unable to accept the provision, save whereby the Seller had announced the delivery to the Customer in good time.
5.3
There is no provision for pick-up by the Customer.
Legal Guarantee of Conformity
6.1
The statutory provisions in cases of warranty for defects of the sold item(s) apply.
6.2
The limitation period for claims under warranty shall be: For new goods – two years from delivery of the goods to the Customer; For used goods – one year from delivery of the goods to the Customer.
6.3
The assertion of claims for damages presupposes that the Buyer informs the Seller of any damages within 5 days of receiving the product and before using it.
Applicable Law and Jurisdiction
7.1
If the Customer is acting as a Consumer within the meaning of Section 1.2, the law of the country in which the Customer has their regular residence shall apply to all legal relationships between the Parties, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this Contract is the Customer’s place of domicile.
7.2
If the Customer is acting as a Professional within the meaning of Section 1.2, the law of the country in which the Seller has its regular headquarters shall apply to all legal relations between the Parties, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this Contract is the Seller’s registered office.