General Terms and Conditions

General Terms and 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 - Consumer's Obligations during the Cooling-off Period

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

Article 9 - Entrepreneur's Obligations upon Withdrawal

Article 10 - Exclusion of Right of Withdrawal

Article 11 - The Price

Article 12 - Performance and Additional Warranty

Article 13 - Delivery and Execution

Article 14 - Duration Transactions: Duration, Termination and Extension

Article 15 - Payment

Article 16 - Payment Obligation

Article 17 - Complaints Procedure

Article 18 - Disputes

Article 19 - Additional or Deviating Provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Duration agreement: an agreement for the regular delivery of goods, services, and/or digital content over a specified period;
7. Durable data carrier: any means - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future retrieval or use for a period appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services remotely to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, only or partly one or more remote communication techniques are used;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal regarding their order;
12. Remote communication technique: means that can be used for concluding an agreement without the consumer and entrepreneur having to be simultaneously present in the same room.

 

Article 2 - Identity of the Entrepreneur

Name of entrepreneur: V.O.F. Flamingo Forever

Trading under the name(s):

• Krokomingo

Business address:

De Huysacker 8

5505KA Veldhoven

Telephone number: 0634994670

 

Availability:

Monday to Friday from 09:00 to 17:00

 

Email address: info@krokomingo.nl;

 

Chamber of Commerce number: 82593361

VAT number: NL862531524B01

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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 entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, 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 them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to them.

 

Article 4 - The Offer

1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.

 

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   • the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
   • 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;
   • information about guarantees and existing after-sales service;
   • the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
   • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   • if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 - Right of Withdrawal

For products:

1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige them to state their reason(s). Click here for the withdrawal form.
2. The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
   • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
   • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
   • for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

 

For services and digital content not delivered on a tangible medium:

1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for a period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige them to state their reason(s).
2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

 

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if information about the right of withdrawal is not provided:

1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
2. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months of the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

 

Article 7 - Consumer's Obligations during the Cooling-off Period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to in a store.
2. The consumer 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 paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

 

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

1. If the consumer exercises their right of withdrawal, they shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or by other unambiguous means.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
3. The consumer shall return the product with all supplied accessories and, if reasonably possible, in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. In case the entrepreneur sent free products with the order to the consumer, the consumer must also return these free products.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for return shipment.
6. If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water, or electricity not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form, or;
   • the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity, or district heating during the cooling-off period.
8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
   • they have not explicitly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
   • they have not acknowledged losing their right of withdrawal when giving their consent; or
   • the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 - Entrepreneur's Obligations upon Withdrawal

1. If the entrepreneur enables the consumer's withdrawal notification electronically, they will send an immediate confirmation of receipt after receiving this notification.
2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies them of the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.
3. The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

Article 10 - Exclusion of Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, or at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a method of sale where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service agreements, after full performance of the service, but only if:
   • the performance has begun with the consumer's explicit prior consent; and
   • the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;

Agreements related to leisure activities, if the agreement provides for a specific date or period of their performance;

Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;

Specially ordered products that are ordered in specific quantities or custom-made at the consumer's request cannot be returned or canceled after the order has been finalized with the supplier;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

Products that are irrevocably mixed with other products after delivery due to their nature;

Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;

Sealed audio, video recordings, and computer software whose seal has been broken after delivery;

Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;

The delivery of digital content other than on a tangible medium, but only if:

• the performance has begun with the consumer's explicit prior consent; and
• the consumer has declared that he thereby loses his right of withdrawal.

 

Article 11 - The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   • these are the result of legal regulations or provisions; or
   • the consumer has the right to terminate the agreement from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

 

Article 12 - Performance of the agreement and extra warranty

1. 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 existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra warranty provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. Extra warranty means any commitment by the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

 

Article 13 - Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.

2. The entrepreneur makes every effort to carefully package and ship the products. If an order appears to be damaged or incomplete upon delivery, we request the consumer to report this to us as soon as possible, but no later than 48 hours after receipt, via email at info@krokomingo.nl. To file a damage claim with the carrier, the customer is obliged to:
   
   * Retain the complete outer and inner packaging
   * Not use, discard, or repair the product before the situation has been assessed
   * Provide clear photos upon request of:
      - The outer packaging (including shipping label)
      - Any damage to the packaging
      - The inner packaging
      - The product and the damage
   
   If this information is not (fully) provided, we may not be able to fully assess the damage and may not be able to file a damage claim with the carrier.
   
   We work with external carriers. Damage during transport will be assessed based on the available information and the carrier's terms and conditions.
   
   After receiving all necessary information, we will always strive for a suitable solution.

   Reports not made within the stated period may no longer be processed, unless it can be reasonably demonstrated that the damage could not have been discovered earlier.

   Small color or shape deviations, inherent in the character of handmade or decorative products, are not considered damage.

3. The place of delivery is the address that the consumer has made known to the entrepreneur. The consumer is responsible for correctly and completely entering the delivery address when placing an order. If an order cannot be delivered or is returned due to an incorrect or incomplete address provided, the additional shipping and/or return costs may be charged to the consumer. If the entrepreneur receives the package back, the consumer has the choice to have the order reshipped after paying the additional shipping costs, or to cancel the order. In case of cancellation, the incurred shipping and return costs will be deducted from the amount to be refunded.
4. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
5. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise. In case of loss, the entrepreneur will always have an investigation carried out by the carrier and/or the insurance company. The consumer must cooperate with the investigation. The outcome of the investigation is binding for the entrepreneur and the consumer.
7. If the package cannot be delivered, it will be taken to a pickup point. If the consumer does not pick up the package there or refuses it, the entrepreneur will charge €8.95 (for the Netherlands) or €11.95 (for Belgium and Germany) for the return costs. As soon as the package is back with the entrepreneur, the order will be (partially) canceled. This provision also applies if the consumer refuses the package at the door, as well as if the consumer chooses a pickup point or parcel locker directly when ordering and does not pick up or refuses the package there.

 

Article 14 - Duration transactions: duration, termination and renewal

Termination:

1. The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, at any time against the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or in a specific period;
   • at least in the same way as they were entered into by him;
   • always with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

4. An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement against the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a definite period and which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 15 - Payment

1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) in time, he owes the statutory interest on the outstanding amount after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, and after payment has not been made within this 14-day period, the entrepreneur is 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. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.
5. Insofar as payment is made via a Krokomingo gift voucher or a granted discount in the form of a fixed amount, no possible refund of the ordered item will take place if the price of the item is lower than the amount of the Krokomingo gift voucher or discount.

 

Article 16 - Payment Obligation

1. As soon as the consumer places an order through our webshop and confirms this order, a purchase agreement is concluded between the consumer and Krokomingo.
2. Placing an order entails a payment obligation.
3. The agreement is confirmed when the consumer submits the order electronically and Krokomingo confirms it via e-mail.
4. If payment is not made within the specified period, Krokomingo reserves the right to cancel the order or hand over the claim. Any resulting costs may be recovered from the consumer.
5. For custom-made products or personalized items, the payment obligation is immediately effective after placing the order; cancellation is no longer possible thereafter.

 

Article 17 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
5. In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this webshop has an active membership via  https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

 

Article 18 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. The Vienna Sales Convention does not apply.

 

Article 19 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

Appendix I: Withdrawal form