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 in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and extra guarantee

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 whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, 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. Continuous agreement: an agreement for the regular supply of goods, services and/or digital content over a specified period;
7. Durable data carrier: any device - including email - that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future retrieval or use during a period tailored to the purpose for which the information is intended, and which allows for 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 as part of an organized system for distance selling of products, digital content and/or services, where up to and including the conclusion of the agreement, exclusively or partly, one or more means of distance communication 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 made available if the consumer does not have a right of withdrawal for their order;
12. Means of distance communication: 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

Entrepreneur's name: V.O.F. Flamingo Forever

Trading under the name/names:

• Krokomingo

Registered address:

De Huysacker 8

5505KA Veldhoven

Phone 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 from 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, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
4. In the event that specific product or service conditions also 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 can always rely on 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 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true 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 their rights and obligations are attached to accepting the offer.

 

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can 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 will 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, ascertain 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 send the following information to the consumer, at the latest upon delivery of the product, service or digital content, 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;
   • the information about guarantees and existing after-sales service;
   • the price including all taxes of the product, service or digital content; if applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;
   • if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuous transaction, the provision in the previous paragraph applies only 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 for the reason for withdrawal, but cannot oblige them to state their reason(s). Click here to submit a withdrawal.
2. The cooling-off period mentioned in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
   • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have clearly informed the consumer about this prior to the ordering process, refuse an order of 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, has received the last shipment or the last part;
   • in agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

 

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

1. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without giving 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 commences 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 not informed about the right of withdrawal:

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, determined in accordance with the preceding paragraphs of this article.
2. If the entrepreneur has provided the consumer with the information referred to in the previous 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 establish 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 a handling of the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for 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 conclusion of 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 must report this within the cooling-off period via the withdrawal submission button, found at the bottom of the website under customer service, or click here. 
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands 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 returns the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. Should the product be damaged or the packaging more damaged than necessary to sell the product, we may charge this diminished value of the product to the consumer. Therefore, handle the product with care and ensure it is well packaged upon return. If the entrepreneur sent free products to the consumer with the order, 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 lie 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 to bear the costs themselves, the consumer does not have to bear the costs for returning the product.
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 certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation that has been performed by the entrepreneur at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer does not bear costs for the performance of services or the supply of water, gas or electricity, which are not prepared 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 the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer does not bear 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 granting 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 are automatically dissolved.

 

Article 9 - Entrepreneur's obligations in case of withdrawal

1. If the entrepreneur enables the consumer to notify their withdrawal electronically, they will immediately send an acknowledgment 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 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 for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen 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 the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in 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 may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby 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 commenced with the consumer's express prior consent; and
   • the consumer has declared that they waive their right of withdrawal as soon as 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 a specific date or period of performance is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
6. Agreements relating to leisure activities, if a specific date or period of performance thereof is provided for in the agreement;
7. 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;
8. Specially ordered products that are ordered in specific quantities or custom-made at the consumer's request cannot be returned or cancelled once the order has been definitively placed with the supplier;
9. Products that spoil quickly or have a limited shelf life;
10. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
11. Products that, due to their nature, have been irrevocably mixed with other products after delivery;
12. 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;
13. Sealed audio, video recordings, and computer software, of which the seal has been broken after delivery;
14. Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;
15. The supply of digital content not on a tangible medium, but only if:
    • the performance has commenced with the consumer's express prior consent; and
    • the consumer has declared that they thereby waive their 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:
   • they are the result of legal regulations or provisions; or
   • the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

 

Article 12 - Performance of 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 additional warranty provided by the entrepreneur, their 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 their part of the agreement.
3. An additional warranty means any undertaking by the entrepreneur, their supplier, importer, or producer by which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

 

Article 13 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.

2. The entrepreneur makes every effort to carefully pack and ship 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 e-mail 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 (incl. 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 terms and conditions of the carrier.
   
   After receiving all necessary information, we will always strive for an appropriate solution.

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

   Minor deviations in color or shape, inherent to the nature 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, the extra 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 payment of 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. With due observance of what is stated about this 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 executed partially, 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 dissolve the agreement without costs and is entitled to any compensation.
5. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount the consumer has paid.
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. Once the package is back with the entrepreneur, the order will be (partially) cancelled. 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 - Recurring transactions: duration, termination and extension

Termination:

1. The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of a maximum of one month.
2. The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time against the end of the definite period with due observance of the agreed termination rules and a notice period of a maximum of 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 them;
   • always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to 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 a maximum of one month.
6. An agreement entered into for a definite period and which extends to 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 a maximum of one month. The notice period is a maximum of three months in case the agreement extends to 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 acquaintance (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 a maximum of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 15 - Payment

1. Unless otherwise stipulated 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. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights 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 their payment obligation(s) in time, they are, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, after failure to pay within this 14-day period, liable for the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. 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 can deviate from the stated amounts and percentages to the benefit of the consumer.
5. Insofar as payment is made via a Krokomingo gift voucher or a discount granted in the form of a fixed amount, no possible refund of the ordered item will take place insofar as 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 established 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 by e-mail.
4. If payment is not made within the specified period, Krokomingo reserves the right to cancel the order or to outsource the claim. Any costs arising from this 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 the complaint 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 respond within the 14-day period with an acknowledgment 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 must first turn to the entrepreneur. If the web store is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check if this web store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. 
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either 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 apply 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.