Terms of service

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 - Costs in case of withdrawal

Article 8 - Exercise of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and implementation

Article 12 - Duration transactions

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Additional or deviating provisions

Article 16 - Copyright

 

Article 1 - Definitions

In these conditions the following terms have the following meanings:

  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 provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose. for which the information is intended and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the option of the consumer to cancel 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 to consumers from a distance;
  10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. uses one or more remote communication techniques;
  11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
  12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time;

 

Article 2 - Identity of the entrepreneur

Brand name: Koalas
Company name: Marsei Solutions
Rijswijckschans 77
2728HJ
Zoetermeer

RETURNS:
Rijswijckschans 77
2728HJ in Zoetermeer
The Netherlands

Telephone number: +31622632220
E-mail address: info@bykoalas.com
Chamber of Commerce number: 75798425
VAT number: NL860400002B01

 

Article 3 - Applicability

  1. These general terms and conditions apply to all agreements, deliveries and other services that you conclude with Marsei Solutions.
  2. By ordering you indicate that you agree with the general terms and conditions.
  3. Unless Marsei Solutions has communicated this to the customer in writing, the customer's terms and conditions will not be accepted.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to 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 true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations 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 meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader 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 he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. Within the legal frameworks, the entrepreneur can - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
  5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will 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 medium:
  6. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. information about guarantees and existing service after purchase;
  9. the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
  10. if the consumer has a right of withdrawal, the model withdrawal form.
  11. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
  12. Orders that, for whatever reason, are technically or otherwise canceled before the payment order has been completed, are not complete, even if you have received the order confirmation. For this reason, these orders will in principle not be delivered. Marsei Solutions will, however, make an effort to contact you in order to complete the payment so that delivery can still take place.

 

Article 6 - Right of withdrawal

6a - right of withdrawal upon delivery of products
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within fourteen days. This period starts on the day after receipt of the product by or on behalf of the consumer. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

6b - right of withdrawal when providing services
When providing services, the consumer has the option to dissolve the agreement without giving any reason during fourteen days, starting on the day of entering into the agreement. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.

 

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

Article 8 - Exercise of the right of withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the specifications of the consumer;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • the price of which is dependent on fluctuations in the financial market on which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal.
  • Exclusion of the right of withdrawal is only possible for services:
  • concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
  • of which the delivery started with the express consent of the consumer before the reflection period has expired;
  • regarding betting and lotteries.

 

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory 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 authority to cancel the agreement on the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

 

Article 10 - Conformity and 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 reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee 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. An additional guarantee is understood to mean any obligation of 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 11 - Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer makes known to the entrepreneur.
  3. With due observance of 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 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, 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 terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
  5. if delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are at the expense of the entrepreneur.

The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.  

 

Article 12 - Duration transactions

  1. The consumer can cancel an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. A fixed-term agreement has a maximum term of two years. if it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract will be a maximum of one month.

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after delivery of the documents relating to this 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 rights whatsoever regarding the execution of the order or service (s) before the stipulated advance payment has been made.
  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. The prices mentioned in the Koalas webshop are exclusive of shipping and handling costs.

 

Article 14 - Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects, 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 foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

 

Article 15 - Additional or different provisions

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

 

Article 16 - Copyright

All photos and images used by bykoalas.nl are protected by copyright. Without written permission from bykoalas.nl, photos and images may not be reproduced and used in public.