Terms of service
General terms & conditions Kindsugi box
Definitions
Kindsugi Box: Kindsugi Box, established in Amsterdam under Chamber of Commerce number 87484439.
Customer: The person with whom Kindsugi Box has entered into an agreement.
Parties: Kindsugi Box and the customer together.
Consumer: A customer who is also an individual and who acts as a private person.
Applicability of General Terms and Conditions
These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Kindsugi Box.
Deviations from these terms and conditions are only valid if agreed upon in writing.
Additional and/or deviating general terms and conditions of the customer or third parties are expressly excluded.
Prices
All prices used by Kindsugi Box are in euros, inclusive of VAT, and exclusive of any additional costs (e.g., administration fees, levies, shipping costs) unless stated otherwise.
Kindsugi Box may change its prices at any time.
Price increases due to unforeseen cost increases may occur.
The consumer has the right to terminate an agreement due to a price increase unless the increase results from a statutory regulation.
Samples and Models
If the customer has received a sample or model, they cannot derive any rights from it other than as an indication of the product’s nature, unless otherwise agreed.
Payment Terms and Consequences of Late Payment
If the customer does not pay within the agreed term, Kindsugi Box is entitled to charge statutory interest of 2% per month for non-commercial transactions.
Additional extrajudicial collection costs and damages may be charged.
Kindsugi Box may suspend its obligations until full payment is made.
In cases of liquidation, bankruptcy, attachment, or suspension of payments, all outstanding claims of Kindsugi Box become immediately due.
Right of Complaint
Kindsugi Box has the right to reclaim unpaid delivered products.
The customer must return the products immediately upon written notice.
Return costs are borne by the customer.
Right of Withdrawal (Online Purchases Only)
- A consumer may cancel an online purchase within 14 days under these conditions:
- The product has not been used.
- It is not a perishable product (e.g., food or flowers).
- It is not a customized product.
- It is not a hygiene-sensitive product (e.g., underwear, swimwear).
- The seal is intact (for digital media like DVDs, CDs).
- It is not an event ticket, catering order, or travel booking.
- It is not a loose newspaper or magazine.
- It is not an emergency repair order.
- The consumer has not waived their right of withdrawal.
- The 14-day reflection period starts:
- The day after the consumer receives the last product of an order.
- Upon receiving the first product in a subscription.
- Upon first-time purchase of a service.
- Upon confirmation of digital content purchase.
- The right of withdrawal must be communicated via info@kindsugi.nl.
- The consumer must return the product within 14 days of withdrawal notice.
Refunds
If the consumer returns the full order on time, Kindsugi Box will refund any paid shipping costs within 14 days.
Return shipping costs are borne by the consumer.
Suspension & Retention Rights
Right of Suspension: Unless the customer is a consumer, they waive the right to suspend any obligations.
Right of Retention: Kindsugi Box may retain customer products until full payment is made.
Delivery & Shipping
Kindsugi Box remains the owner of all delivered products until full payment is received.
Until ownership transfers, the customer may not pledge, sell, or encumber the products.
If retention of ownership is invoked, the agreement is deemed terminated, and Kindsugi Box may claim damages.
Delivery & Shipping
Delivery occurs while stocks last.
Delivery location:
At Kindsugi Box’s location unless otherwise agreed.
Online orders are delivered to the specified customer address.
Late payment: Kindsugi Box may suspend delivery until payment is made.
Delivery Time
Delivery times are indicative and do not entitle the customer to cancellation or compensation unless explicitly agreed in writing.
Shipping Costs & Packaging
Transportation costs are borne by the customer unless otherwise agreed.
Customers must check packaging upon receipt for any damage.
Storage of Products
If a customer receives products later than the agreed date, any loss of quality is at their own risk.
Additional storage costs are the customer’s responsibility.
Warranty & Exchanges
Warranty applies only to defects caused by faulty manufacturing, construction, or materials.
Exchanges are possible within 14 days if:
The original invoice is presented.
The product is in its original packaging with price tags.
The product has not been used.
Non-exchangeable items:
Discounted items, food, custom-made products, peri bottles (bidet sprayers), underwear, and maternity pads.
Complaints & Liability
The customer must inspect products for deficiencies as soon as possible.
Complaints must be reported within 1 month of discovery.
Kindsugi Box is only liable for damages caused by intent or gross negligence.
Liability is limited to direct damages and any covered amount from professional liability insurance.
Right of Withdrawal (Contracts)
Customers may terminate an agreement if Kindsugi Box culpably fails to meet its obligations, except in minor or justified cases.
Force Majeure
Kindsugi Box is not liable for failures due to external circumstances beyond its control, including:
War, riots, natural disasters.
Supplier defaults, transport issues.
Strikes, government measures, internet failures.
If a force majeure situation lasts over 30 days, either party may terminate the agreement in writing.
Amendments & Transfer of Rights
Agreements may be modified if necessary, subject to mutual consultation.
Customers may not transfer rights from an agreement without prior written consent from Kindsugi Box.
Applicable Law & Jurisdiction
Dutch law exclusively applies to all agreements.
Disputes shall be settled by the Dutch court in the district where Kindsugi Box is established, unless legally required otherwise.