ONLINE STORE TERMS
LATEST UPDATE: 06 FEBRUARY 2023
In these online store terms, the following definitions apply:
1. KNVRTED OÜ: based in Tallinn, Estonia and registered with the Estonian business registry with number 16121639.
2. Website: the website of KNVRTED OÜ, to be found on www.KNVRTED.works and all of its subdomains.
3. Customer: the natural person or corporation who enters into an agreement with KNVRTED OÜ and/or is registered on the Website.
4. Agreement: any arrangement or agreement between KNVRTED OÜ and Customer of which the the online store terms are an integral part.
5. Online store terms: these terms.
1. The Online store terms apply to all offers, agreements and deliveries of KNVRTED OÜ, unless explicitly agreed otherwise in writing.
2. If Customer in his order, confirmation or any other communication alleging acceptance of the general terms and provisions includes any provisions that differ from, or are not included in the Online store terms, such provisions will only be binding upon KNVRTED OÜ if and in so far as KNVRTED OÜ has accepted them in writing.
3. In cases where specific product or service-related terms and conditions apply in addition to these Online store terms, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible Online store terms.
4. Customer’s terms and conditions are explicitly rejected.
5. If there are conflicting stipulations between the parties, the parties will discuss this. If no consultation takes place, the provisions of KNVRTED take precedence.
3. Prices and information
1. All prices posted on the Website and in other materials originating from KNVRTED OÜ do not include taxes and other levies imposed by the government, unless stated otherwise on the website.
2. There are no separate shipping costs for digital products. If physical products are offered, they may apply.
3. The content of the Website is composed with the greatest care. KNVRTED OÜ cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from KNVRTED OÜ are subject to obvious programming and typing errors.
4. KNVRTED OÜ cannot be held responsible for deviations in color that result from the quality of the colors displayed on the screen.
4. Conclusion of the agreement
1. The Agreement will be deemed to be concluded at the moment Customer accepts the offer of KNVRTED OÜ subject to the conditions laid down by KNVRTED OÜ.
2. If Customer has accepted the offer by electronic means, KNVRTED OÜ will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.
3. If it is found that, in accepting or otherwise entering into the Agreement, Customer has provided incorrect data, KNVRTED OÜ will have the right to postpone the Agreement until the correct data is received.
1. To make optimal use of the Website, Customer can register using the registration form/the account sign-in option on the Website.
2. During the registration process, Customer will be asked to choose a username and password with which he can log on to the Website. Customer alone is responsible for choosing a sufficiently reliable password.
3. Customer must keep its login credentials, username and password strictly confidential. KNVRTED OÜ cannot be held liable for any misuse of the login credentials and is always entitled to assume that Customer who logs on to the Website is the party that it professes to be. Customer is responsible for and bears the full risk of any and all actions and transactions performed via Customer's account.
4. If Customer knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify KNVRTED OÜ accordingly so as to allow KNVRTED OÜ to take appropriate measures.
5. All prices and agreed amounts are exclusive of VAT, unless otherwise agreed.
6. Execution of the agreement
1. As soon as KNVRTED OÜ has received the order, it will send the products to Customer without delay and with due regard for the provisions of paragraph 3 of this article.
2. KNVRTED OÜ is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
4. If KNVRTED OÜ is unable to deliver the products within the agreed term, it will notify Customer accordingly. In that case Customer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
5. KNVRTED OÜ advises Customer to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
6. The risks associated with the products will transfer to Customer as soon as the products are delivered at the agreed delivery address.
7. If the ordered product can no longer be supplied, KNVRTED OÜ is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, Customer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.
7. Right of withdrawal/return
1. This article only applies if Customer is a natural person who is not acting in his or her professional or commercial capacity. Business Customers therefore have no right of withdrawal.
2. Customer will have the right to dissolve the distance Agreement with KNVRTED OÜ within 14 days after receiving the product, free of charge and without stating reasons.
3. The term commences on the day after the product was received by the Customer, or a third party designated by the Customer, who is not the transporting party, or:
if the delivery of a product involves different deliveries or parts: the day on which Customer, or a third party designated by Customer, received the last delivery or the last part.
with contracts for the regular delivery of products during a given period: the day on which Customer, or a third party designated by Customer, received the last product.
if Customer has ordered several products: the day on which Customer, or a third party designated by Customer, received the last product.
4. Only the direct costs incurred for the return shipment are for Customer's account. This means that Customer will have to pay the costs of returning the product. Any shipping costs paid by Customer and the purchase price paid for the product will be refunded to Customer if the entire order is returned.
5. During the withdrawal period referred to in paragraph 1, Customer will treat the product and its packaging with the utmost care. Customer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.
6. Customer is only liable for the product's devaluation that is a consequence of his handling the product other than as permitted.
7. Customer can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to KNVRTED OÜ, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If KNVRTED OÜ makes it possible for Customer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, KNVRTED OÜ sends immediate confirmation of receipt.
8. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, Customer shall return the product, or hand it over to (a representative of) KNVRTED OÜ. Customer can send the product directly to KNVRTED OÜ without a notice of withdrawal in advance within the period as mentioned in paragraph 1. Customer must, in this case, include a written notice of withdrawal, such as the model form. Contact KNVRTED for the return address.
9. Any amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, and in any case within 14 days after dissolution of the Agreement. If Customer chose an expensive method of delivery in preference to the cheapest standard delivery, KNVRTED OÜ does not have to refund the additional costs of the more expensive method. Except in cases in which KNVRTED OÜ has offered to retrieve the product himself, they can postpone refunding until they have received the product or until Customer proves KNVRTED OÜ has returned the product, depending on which occurs earlier.
10. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
11. The right of withdrawal does not apply to:
Products that KNVRTED OÜ has created in accordance with the Customer's specifications.
The delivery of digital content other than on a material medium, but only if the delivery commenced with Customer explicit prior agreement, and Customer declared that this implied his having lost his right of withdrawal.
Separate copies of newspapers and magazines.
Audio and video recordings and computer software whose seal the Customer has broken.
1. Customer shall pay the amounts due to KNVRTED OÜ in accordance with the ordering procedure and any payment methods indicated on the Website. KNVRTED OÜ is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery.
2. If Customer does not complete his payment obligation, he will be indebted the legal interest over the belated payment. KNVRTED OÜ needs to remind Customer of the belated payment and KNVRTED OÜ has to give Customer a term of 14 days to complete the payment obligation. After failing this 14 days term KNVRTED OÜ is allowed to recover any extrajudicial debt collection costs on Customer. These debt collection costs are not higher than: 15% of the open payment with a maximum of € 2.500,-; 10% of the next € 2.500,- and 5% over the next € 5.000,- with a minimum of € 150,-. KNVRTED OÜ is allowed to deviate from the named amounts and percentages in the advantages of Customer.
1. If the Customer supplies works or materials to KNVRTED, these shall be works and materials of which the Customer is the copyright holder or for which the Customer has a license valid for that use. The Customer indemnifies KNVRTED against all third-party claims with regard to the use of works and materials delivered by the Customer to KNVRTED.
2. KNVRTED is willing to transfer its copyrights to the work made by him to Customer and will, at the first request of Customer, cooperate in drawing up a deed of transfer.
3. KNVRTED may, after transfer of copyright, multiply and publish the works in such a way, including on his website and social media channels, that it can show third parties which works were produced.
4. KNVRTED never transfers its copyrights of works and materials that are made for KNVRTED or affiliated brands.
5. KNVRTED forbids crawling or scraping of content from their works and materials with the purpose of training AI-tools. Doing so will be considered a copyright violation.
1. KNVRTED will not use personal data for a purpose other than that for which it obtained them and will not retain the data for longer than is necessary for that purpose.
2. The privacy statement of KNVRTED applies accordingly.
1. Parties will observe confidentiality with regard to information and data of which is known to the Parties or could reasonably be known that these should remain secret and should not be shared with third parties, including but not limited to:
b. Delivery times
c. Work methods
d. Location data or residency data
e. Business secrets and business-sensitive information
12. Warranty and conformity
1. This article only applies if Customer is a natural person who is not acting in his or her professional or commercial capacity. If KNVRTED OÜ gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Customers.
2. KNVRTED OÜ guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, KNVRTED OÜ also guarantees that the product is suitable for other than normal use.
3. An extra warranty offered by KNVRTED OÜ, manufacturer or importer shall never affect any statutory rights and claims which Customer has and may exercise under the Agreement.
4. If the delivered product is not in conformity with the Agreement, Customer must inform KNVRTED OÜ within a reasonable period of time after he has discovered the defect.
5. If KNVRTED OÜ deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with Customer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Customer for the product.
13. Warranty on business purchases
1. KNVRTED OÜ guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, KNVRTED OÜ also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use.
2. If the delivered product is not in conformity with the Agreement, Customer must inform KNVRTED OÜ within a maximum period of 7 days after delivery. Should the Customer fail to do so, then the Business Customer is no longer entitled to have the product repaired, replaced or (partially) refunded.
3. If KNVRTED OÜ deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with the Customer.
14. Complaints handling procedure
1. If Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of KNVRTED OÜ's service, it can submit a complaint via the online form.
2. KNVRTED OÜ will respond to the complaint as soon as possible, and in any case within 14 days after having received it. If it is not yet possible for KNVRTED OÜ to formulate a substantive reaction to the complaint by that time, KNVRTED OÜ will confirm receipt of the complaint within 14 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer's complaint.
3. If Customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
1. This Article only applies if Customer is a natural person or a legal entity who is acting in a professional or commercial capacity.
2. The total liability of KNVRTED OÜ in respect of Customer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
3. The liability of KNVRTED OÜ in respect of Customer for indirect damage or loss, which in any case includes - but is explicitly not limited to - consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
4. Aside from the cases referred to in the two previous paragraphs of this Article, KNVRTED OÜ is not subject to any liability at all in respect of Customer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of KNVRTED OÜ.
5. KNVRTED OÜ will only be liable to Customer on account of an attributable failure in the performance of an agreement if Customer issues a proper notice of default to KNVRTED OÜ without delay stipulating a reasonable period of time in which to remedy the failure, and KNVRTED OÜ also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable KNVRTED OÜ to provide an adequate response.
6. Any event giving right to compensation is always subject to the condition that Customer reports the damage or loss in writing to KNVRTED OÜ as soon as possible, but no later than within 30 days after the damage or loss has arisen.
7. In the event of force majeure KNVRTED OÜ is not liable to pay compensation for any damage or loss Customer has incurred as a result.
16. Retention of title
1. As long as Business Customer has not made any full payment on the total amount agreed KNVRTED OÜ will retain ownership of all the goods delivered (including possible debt collection costs and interest).
2. Before the transfer of ownership, Business Customer is not authorized to, other than corresponding to his normal company and normal destination of the goods, sell, deliver or any other way of misappropriation. Furthermore, Business Customer is not allowed to pawn the goods or to give any rights regarding the goods to third parties as long as the transfer of ownership has not been completed.
3. Business Customer is obliged to keep any goods that are delivered under reservation of ownership with care and recognizable as property of KNVRTED OÜ.
4. KNVRTED OÜ is entitled to withdraw any goods delivered under reservation of ownership and in the possession of Business Customer, if Business Customer has neglected to pay the invoices or has been confronted with payment difficulties.
5. Business Customer shall give KNVRTED OÜ access to his goods at any time to inspect and/or to exercise the rights of KNVRTED OÜ.
16. Final provisions
1. This agreement is governed by Dutch law.
2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district of Midden-Nederland, where possible location Utrecht.
3. If any provision set out in these Online store terms should prove to be void, this will not affect the validity of the Online store terms as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
4. The term 'written' in these Online store terms also refers to communication by email and fax, provided that the sender's identity and the integrity of the email message have been sufficiently established.
5. Should you have any questions, complaints or comments after reading these Online store terms, please contact KNVRTED via the contact form.
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