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TERMS OF SERVICE

In general

These are our terms & conditions. They apply at all times when you use or order from our website and they contain important information for you as our customer. Please read our terms & conditions carefully. We further advise you to save or print these conditions as you may want to read them again in the future.

Terms & Definitions

  • 1 Krakatau B.V.: located in Amsterdam and registered with the Dutch Chamber of Commerce under registration number 67953410 with the trading name Krakatau B.V.
  • 2 Website: the Website of Krakatau B.V. as can be found at www.krakatauwear.com, including all its sub-domains.
  • 3 Customer: the private or corporate legal entity who has registered on the Website – who may or may not act as a professional or on behalf of a company – which comes to any agreement with Krakatau B.V.
  • 4 Agreement: all agreements or contracts between Krakatau B.V. and the Customer which are subjected to the contents of the terms & conditions.
  • 5 Terms & Conditions: the terms & conditions as stated in this document and on this website.

When do the terms & conditions apply

  • 1 These terms & conditions apply to all offers, agreements and deliveries by Krakatau B.V. with the exception of possible other agreements which have been confirmed in writing by Krakatau B.V.
  • 2 Should the customer at the time of any order, confirmation or statement of acceptance wish to include conditions or statements that do not comply with or differ from the terms & conditions, then these conditions or statements will only be legally binding when they have been confirmed and accepted by Krakatau B.V. in writing.

Prices and Information

  • 1 All prices on the website and in other written materials issued by Krakatau B.V. are inclusive of VAT.
  • 2 Unless otherwise stated the prices on the website are exclusive of other duties imposed by any governmental body.
  • 3 The content of the website has been written with the utmost care. However, programming and/or typographical errors may occur and Krakatau B.V. cannot guarantee that all information on the website is always correct and complete. All prices and other information on the website and in other written materials issued by Krakatau B.V. are subject to such errors.
  • 4 Krakatau B.V. is not responsible for any (colour) disparities due to differences in computer display qualities.
  • 5 Any Krakatau B.V. article may differ in details from the photo of the article on the website.

Terms of Agreement

  • 1 The agreement is final as soon as the customer has accepted the offer made by Krakatau B.V. and when this agreement complies with the conditions stated by Krakatau B.V.
  • 2 When the customer has accepted the offer by electronic means, Krakatau B.V. will confirm the accepted offer immediately by electronic means. As long as this acceptance has not been confirmed by Krakatau B.V., the customer is allowed to cancel the agreement.
  • 3 If the customer has provided Krakatau B.V. with incorrect personal details, Krakatau B.V. reserves the right to fulfil its obligation towards the customer until after receiving the correct personal details.

Registration

  • 1 In order to use the website in the best possible way, the customer has the option to register through the registration form / new account form on the website. On registration or when making an account the customer agrees to the use of his personal details by Krakatau B.V. as stated in the Privacy Policy Statement.
  • 2 During the registration process the customer will choose a username and password which can be used to log onto the website. It is the customer’s responsibility to choose a secure password.
  • 3 The customer is strongly advised not to disclose his account username and password to third parties. Krakatau B.V. is not responsible for any abuse of the account username and password and may always assume that any customer who logs onto the website is indeed that same customer. All action taken through the customer’s account are the responsibility and risk of that same customer.
  • 4 Should the customer know or suspect that his account username and password could be used by an unauthorized person, he has to change his password as soon as possible and/or notify Krakatau B.V. of this event to enable Krakatau B.V. to take proper action.

Procedures with regard to the agreement

  • 1 As soon as Krakatau B.V. has received the order it will dispatch the articles as soon as possible and under the conditions of section 3 of this paragraph.
  • 2 Krakatau B.V. reserves the right to use third parties in order to fulfil its obligations following the conditions of the agreement.
  • 3 On the website it will be clearly and timely stated, before the finalization of the agreement, how and when the order will be delivered. Should there be no agreement on the time of delivery or when this is not clearly stated on the Website, the order will be delivered within a maximum period of 30 days.
  • 4 Should Krakatau B.V. be unable to deliver the order within the agreed period of time, they will notify the customer. The customer has the option either to agree to the new delivery date or to cancel his order without further costs.
  • 5 Krakatau B.V. strongly advises the customer to check the received order and report any irregularities within a reasonable period of time, preferably in writing or by email. Further information on this subject can be found under the paragraph guarantee and conformity.
  • 6 When the order has been delivered at the delivery address, the customer will assume all responsibilities and risks regarding this order.
  • 7 Krakatau B.V. reserves the right to supply the customer with a similar product of a similar quality as the ordered article in the event of the ordered article being out of stock. The customer then has the right to cancel the agreement without costs and return the article free of charge.

Revocation/Returns

  • 1 This paragraph relates only to the customer being a natural person who does not act on behalf of his profession or company. Corporate customers do not have the right of revocation. The customer has the right to cancel the agreement between himself and Krakatau B.V. within 14 calendar days after receiving the order, without specification and without any costs, with the exception of the immediate costs for the return shipment. Therefore, the customer has to pay for the return shipment.
  • 2 If the customer wishes to make use of the option to return the article(s) within the return period mentioned in section 1 of this paragraph, the packaging and the article(s) should be handled with care. The customer will only open the packaging and use the article(s) in such a way to establish whether the order meets all the customer’s expectations.
  • 3 The customer has the right to cancel the agreement taking into account the provisions mentioned in this paragraph within the therein agreed period of time to Krakatau B.V. or he will notify Krakatau B.V. about his decision not to buy the article(s) after which he will return the article(s) to Krakatau B.V. as soon as possible. The customer will follow the instructions provided by Krakatau B.V. with regard to the return shipment.
  • 4 Any prepayments made by the customer will be refunded by Krakatau B.V. as soon as possible and at the latest after 2 weeks of receipt of the product in good condition.
  • 5 On the website all the necessary information and specifications with regard to return policy and the return procedures is clearly and timely stated, before the finalization of the agreement.

Payment

With regard to all payments to Krakatau B.V. the customer will follow the payment instructions as stated in the order procedure and according to one of the payment methods as stated on the Website. Krakatau B.V. is free to choose which payment methods it offers on its website and to change the choice of payment methods should it feel the need to do so. Guarantee and Conformity

  • 1 This paragraph relates only to the customer being a natural person who does not act on behalf of his profession or company. Should Krakatau B.V. decide that alternative guarantees apply to specific products then these conditions will be the same to all customers as described in this section.
  • 2 Krakatau B.V. guarantees that its products comply to the agreement, to the product specifications, to all reasonable requirements with regard to the quality and/or usage, and to all legal provisions and regulations. Krakatau B.V. may also guarantee that products can be used in other than the usual ways, but only when specifically stated and agreed between Krakatau B.V. and the customer.
  • 3 All products sold by Krakatau B.V. come with a 1 (one) year guarantee, notwithstanding the legal rights and claims the customer already has according to the agreement.
  • 4 When a product is damaged in whatever way due to wrong or improper use, be it deliberate or through negligence, or by not taking proper care of the product as described in the attached instructions, the customer will lose all rights and claims as stated in the guarantee conditions. With regard to the leather products sold by Krakatau B.V. the customer should accept small irregularities in the leather as this is an inherent part of leather being a natural material. The customer has taken notice of this fact before ordering the product and will not be able to use these small irregularities as a cause for any claim in regard to the guarantee conditions.
  • 5 Should the customer receive an article that does not comply with the contents of the agreement, the customer will notify Krakatau B.V. within a reasonable period of time about this defect or damage.
  • 6 When Krakatau B.V. accepts the complaint made by the customer the relevant article will be repaired. If the product cannot be repaired, Krakatau B.V. will offer the customer either a replacement, or it will consult with the customer about a refund for the damage or defect, or it will accept cancellation of the Agreement by the customer with a total refund of the prepayment. The maximum amount in refund will be the price the customer has paid for the product, subjected to the liability conditions mentioned in this paragraph.

Complaints procedure

  • 1 The customer can file a possible complaint about a product (in accordance with the guarantee and conformity conditions in the relevant paragraph) and/or about other aspects of the services provided by Krakatau B.V. either by telephone, email or in writing. Contact details of Krakatau B.V. can be found at the bottom of these Terms & Conditions.
  • 2 Krakatau B.V. will acknowledge receipt of the complaint and will provide the Customer with an answer regarding the complaint as soon as possible or at least within 5 days. Should Krakatau B.V. be unable to provide the Customer with a substantive or definite reaction, Krakatau B.V. will acknowledge receipt of the complaint within 5 days and give the Customer an indication of the time within which it expects be able to give a substantive or definite reaction.

Liability

  • 1 This paragraph relates only to the Customer being a natural person or any other legal entity who acts on behalf of his profession or company.
  • 2 Should Krakatau B.V. accept responsibility for any defect or shortcomings towards the Customer with regard to fulfilling the Agreement, it will only be liable up to the amount of the payment (inclusive of VAT) as specified in the Agreement.
  • 3 Krakatau B.V. will not be accountable for or accept liability towards the Customer for indirect or collateral damages, including, but not exclusively consisting of, consequential loss, loss of income, revenue or profit, anticipated savings and data, and damages due to interruption of work.
  • 4 In addition to the circumstances mentioned in section 1 and 2 of this paragraph, Krakatau B.V. will not be accountable for or accept liability towards the Customer for any compensation, irrespective of the reason why this claim for compensation is pursued. However, all the restrictions stated in this paragraph will lapse when the damages result from deliberate shortcomings or gross negligence of Krakatau B.V.
  • 5 Krakatau B.V. will only accept responsibility for any defect or shortcoming towards the Customer with regard to fulfilling the Agreement after the Customer has notified Krakatau B.V. about the matter immediately and in writing, thereby offering Krakatau B.V. a reasonable period of time to make amends for the defect or shortcoming, and when Krakatau B.V. has still not fulfilled her obligations towards the Customer after this period of time.
  • 6 The Customer will only be entitled to any form of compensation when he has notified Krakatau B.V. immediately, or at least within 10 working days, about any defects, damages or shortcomings.
  • 7 In the event of force majeure Krakatau B.V. will not be held accountable for compensations for any damages.

Restriction of ownership

All products delivered by Krakatau B.V. will remain the property of Krakatau B.V. until full payment has been received. Personal details Krakatau B.V. will only use the personal details of the Customer as described in the Privacy Statement published on the Website.

Final clauses

  • 1 The Agreement is subject to Dutch Law.
  • 2 Unless the Dutch jurisprudence dictates differently, all disputes that may arise from the Agreement will be dealt with by the competent judge in the district where Krakatau B.V. is located.
  • 3 Should any section or paragraph of the Terms & Conditions judged to be null and void, then this will not encroach on the validity of the complete contents of the Terms & Conditions. Parties will replace any null and void section and/or paragraph with a new and judicially sound one, the contents of which will resemble the original section and/or paragraph as closely as possible.
  • 4 The term ‘in writing’ as used in these Terms & Conditions include any communication by email and fax, as long as the identity of the sender and the integrity of the email is sufficiently established.

Contact details

Should you have any questions, remarks or complaints with regard to these Terms & Conditions, then please do not hesitate to contact us in writing or by email.

Krakatau B.V.
Chamber of Commerce number 68953410
VAT number: NL857663094B01
Address
Koningin Wilhelminaplein 1
1062 HG Amsterdam
PO Box 69223
webshop@krakatauwear.com
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