1.1 These terms and conditions apply to all offers made and goods provided by Kalani amsterdam and/or all agreements concluded with its customers, either verbally, via the website of Kalani amsterdam or in writing or confirmed by Kalani amsterdam, unless expressly and insofar as provided otherwise in writing.
1.2 Unless expressly agreed upon otherwise, Kalani amsterdam shall not be bound by any terms and conditions imposed by or observed by the customer.
2.1 Pursuant to these terms and conditions, the term Customer is understood to mean all natural persons or legal persons who have instructed Kalani amsterdam to deliver products or carry out specific work to such products.
OFFERS AND QUOTATIONS
3.1 All offers and quotations issued by Kalani amsterdam are without obligation and are valid for 30 days following issue. Any agreement between Kalani amsterdam and the customer can only be concluded after Kalani amsterdam has accepted and/or confirmed the order or instructions issued by the customer and any other special agreements in writing, either via the Kalani- amsterdam website, and/or Kalani amsterdam has commenced delivery of the products.
3.2 In the event of any discrepancies between the order placed by the customer or the instructions issued by the customer and Kalani amsterdam written e-mail confirmation, only confirmation by Kalani amsterdam shall be deemed binding.
3.3 Kalani amsterdam is authorised to suspend the agreement with its customers in part or in full if Kalani amsterdam has valid and reasonable grounds for doing so on the basis of the customer's financial situation, without prejudicing Kalani amsterdam's right to damages if there are sufficient grounds for doing so. The customer shall not be entitled to claim damages.
4.1 Kalani amsterdam assumes no liability for the incorrect and/or delayed processing of customer order details and notifications resulting from the use of the Internet or any other communication tool between the customer and Kalani amsterdam and/or between Kalani amsterdam and third parties, insofar as pertaining to the relationship between Kalani amsterdam and the customer.
5.1 Although Kalani amsterdam shall endeavour to honour the specified delivery dates, the specified dates do not constitute firm dates, unless agreed upon in writing. Orders placed via Kalani amsterdam's online domains are subject to a maximum delivery period of 30 days, unless otherwise agreed upon in writing. If the delivery date is not feasible, the customer will be notified accordingly as soon as possible, and offered the opportunity to dissolve the agreement. Any payments made will be refunded within 14 days of the agreement being dissolved, and sent to an account specified by the customer.
5.2 The customer shall not be entitled to any compensation if the delivery time is exceeded.
6.1 Orders placed via Kalani amsterdam's online domains are subject to a 14-day cooling off period following receipt of the delivered products, unless otherwise provided for. The customer is entitled to return the ordered product without stating grounds, provided the following conditions have been met:
a. The delivered product has not been damaged and/or installed or fitted.
b. The delivered product has not been used and is returned in a sellable condition.
c. Special products made to order are considered custom-made and can therefore not be returned.
d. Any services, which Kalani amsterdam has commenced with the customer's approval before the end of the cooling-off period, cannot be cancelled.
6.2 All costs incurred in returning the receiving goods shall be borne by the customer. All costs passed on to Kalani amsterdam as a result of online payments made by the customer for returning the product(s) shall also be borne by the customer.
6.3 The order will be cancelled following receipt of the returned product(s). Any payments made to date will be refunded within 30 days of the agreement being dissolved, and sent to an account specified by the customer.
6.4 Kalani amsterdam must be notified in writing of any order cancellations.
7.1 Kalani amsterdam reserves the right to select a preferred transport method, unless otherwise agreed upon or unless the customer wishes to collect (have collected) the products from the Kalani amsterdam warehouse.
9.1 Unless explicitly agreed upon otherwise, the "ex warehouse" prices charged by Kalani amsterdam are in Euros.
10.1 Unless otherwise agreed upon, the customer shall settle the agreed invoice amount prior to delivery, without being entitled to any discounts or to invoke the right of setoff and/or any other deduction, unless explicitly agreed upon otherwise.
10.2 Should the customer after the end of the credit period fail to settle the agreed invoiced amount in full, the customer shall be considered to be in default of payment, without any notice of default being required.
10.3 During the default period as referred to in the above paragraph, the customer will be charged interest on the outstanding amount, equal to the prevailing interest rate plus 1.5%.
10.4 All judicial and extra judicial costs incurred in collecting the money owed by the customer, including the costs of legal assistance, shall be borne by the customer. The extra judicial costs are at least 15% of the invoice amount.
10.5 All payments made by the customer shall firstly serve to settle all interest and costs owed, and secondly to settle all longest outstanding invoices, irrespective of whether the customer specified that the payment relates to a later invoice. Invoices with the same date will be paid proportionally.
RETENTION OF TITLE
11.1 Kalani amsterdam retains title to all the goods delivered by him until such time that the customer has settled his payment obligations in full regarding those goods, any work carried out (to such goods), and any claims arising from his failure to perform an obligation under the agreement. Until such time that all the payments have been made, the customer solely reserves the right to dispose of the goods for personal use. Under no circumstances is the customer entitled to encumber, sell or in any other way make the goods available to third parties.
11.2 The customer shall respect the intellectual property rights pertaining to the products delivered by Kalani amsterdam in full and unconditionally. Kalani amsterdam cannot guarantee that the products delivered to the customer do not infringe any (unwritten) intellectual and or industrial property of third parties.
11.3 Kalani amsterdam is irrevocably authorised, without giving notice, to remove or have removed the goods delivered to the customer yet which are the property of Kalani amsterdam in the following instances: a. The customer is more than 2 months in default by operation of law; b. The customer requests suspension of payment and/or has filed for bankruptcy; c. The customer's assets are seized;
11.4 In the event of removal of said goods, the customer's account will be credited with the purchase price of the goods delivered by Kalani amsterdam, following deduction of 25% for costs and damage, without prejudicing further rights to compensation.
QUALITY AND GUARANTEE
12.1 The customer must notify Kalani amsterdam in writing within 8 days of the goods being delivered of any claims for compensation relating to the delivered products.
12.2 Kalani amsterdam guarantees and vouches for the accepted quality requirements of the delivered goods, subject to normal use. Kalani amsterdam can only guarantee the specific quality requirements or quality standards of the delivered goods, insofar as these requirements and standards have been expressly agreed upon. Under no circumstances can Kalani, including when delivering a sample of the product, guarantee that the delivered good is suitable for the purpose for which the customer wishes to use, dispose of or process the delivered goods. Kalani amsterdam assumes no liability whatsoever for any advice, information, calculations or other instructions provided or issued by or on behalf of Kalani amsterdam, relating to the delivered goods.
12.3 Insofar as the customer has a substantiated complaint relating to the quality requirements or quality standards, Kalani amsterdam, at his discretion, shall repair or replace the delivered product with a similar product.
12.4 Kalani amsterdam assumes no liability whatsoever, other than the liability as referred to in the above paragraph, for any damage to the goods delivered to the customer, insofar as these are consistent with any mandatory legal provisions. Any liability arising from a wrongful or unlawful act on the part of Kalani amsterdam or his (supervisory) subordinates, Kalani amsterdam's liability in the event of death or bodily injury is limited to a maximum of € 50.000,00.
12.5 With regard to goods sourced from third parties, if so agreed upon, Kalani amsterdam's liability is limited to the third party's liability and to the extent to which Kalani amsterdam expressly acknowledges his liability. This provision shall only take effect if it is considered to work more in the customer's favour than the provisions of the previous paragraph.
13.1 Kalani amsterdam reserves the right, at his discretion, to declare the agreement with the customer dissolved, and to notify the customer accordingly in writing, and/or to suspend the agreement, without the customer being entitled to any compensation, if the performance of the agreement is impeded or hindered as a result of Force Majuro. The term Force Majuro is understood to mean:
a. Interruption of operations or breakdown of whatever nature, including any circumstances which in all reasonableness cannot be attributed or imputed to Kalani;
b. Delayed or late delivery of Kalani amsterdam.
c. Transport difficulties or interruptions of whatever nature, hindering or impeding transport from or to Kalani amsterdam's location, insofar as these difficulties or interruptions cannot be attributed or imputed to Kalani amsterdam according to common opinion.
EXCLUSION FROM OPERATION OF PRECEDENT
14.1 Kalani amsterdam's decision to permit deviations to these general terms and conditions for a longer or shorter period of time does not prejudice his right to demand direct and strict compliance with these terms and conditions. Under no circumstances is the customer entitled to enforce any right resulting from Kalani amsterdam's decision to adopt a flexible approach to these terms and conditions.
DISPUTES AND APPLICABLE LAW
15.1 Any disputes arising between Kalani amsterdam and the customer are governed solely by the laws of the Netherlands.
15.2 All disputes, arising from or relating to an agreement or its conclusion with a customer based in the Netherlands, shall be settled by the competent court of the place of business of Kalani amsterdam, unless the customer, within a month of Kalani amsterdam invoking a stipulation in writing, chooses to have the dispute settled by a court which has jurisdiction according to the law.
15.3 All disputes, arising from or relating to an agreement or its conclusion with a customer not based in the Netherlands, shall be settled by an independent third party, appointed by mutual agreement in accordance with the Arbitration Regulations of the Netherlands Arbitration Institute [Dutch: Nederlands Arbitrage Instituut]. Should the parties be unable to reach a consensus on the arbitrator, both parties will nominate an arbitrator. The appointed arbitrators will jointly settle the dispute in accordance with the Arbitration Regulations of the Netherlands Arbitration Institute [Dutch: Nederlands Arbitrage Instituut]. These general terms and delivery conditions of Kalani amsterdam is also available on request via:
1072 XT Amsterdam
Phone: +31(0)63 6585312
E-mail address: email@example.com
CC No. 68332459
GENERAL SALES AND DELIVERY CONDITIONS
SHIPPING & RETURNS
All orders placed on the Kalani Amsterdam website are shipped within six business days from the date of purchase. The estimated date of delivery can be viewed while checking out.
We offer local as well as international shipping. Shipping costs are calculated and added to the shopping cart during checkout.
The following shipping options are available for local and international shipping: PostNL, DHL and DHL EXPRESS.
Orders amounting to or greater than €100 qualify for free delivery within the Netherlands via PostNL or DHL or outside Netherlands via PostNL.
For international orders, all purchases from Kalani's Exclusive Collection are eligible for free delivery via DHL Express.
ships all merchandise within six business days from time of purchase
by our stunned carriers
RETURN & REFUNDS POLICY
Returning items is no issue. Are you not satisfied with your purchase? You can return your products without stating a reason within 14 days after delivery. In this case, we will refund your money with no questions asked. Costs for returning products have to be paid by the customer.
Returns are only accepted when handled as follows:
Send an email to Support@kalani.nl
Mention your order number in the email.
Wrap the undamaged product (in its original packaging) in such a way that the goods cannot be damaged during shipping.
Also mention the bank account number to which the money has to be refunded in your email.
Products can be returned to the following address:
If you would like to exchange a product, you will have to return it and then place a new order. For returns, refer to the aforementioned section titled Returns & Refunds Policy.
USE OF PERSONAL DATA
Kalani amsterdam uses the collected data to provide the following services to its customers: If you place an order, we need your name, e-mail address and shipment address in order to ship your order. Furthermore, we only keep and use e-mail addresses which are provided directly to us or those that are clearly procured to Kalani amsterdam. With your authorisation, we use your data to inform you concerning the development of the website, as well as special offers and sales. This authorisation can be revoked at any time via the contact form on our site or by communicating this with us in a different manner. Moreover, the possibility to opt out is provided in all our marketing and service emails.
Kalani amsterdam does not sell your personal data to anyone, including third parties. Information will only be provided to third parties which are involved in handling your order. We also do not receive any personal information which you provided to third parties (unless otherwise stated and/or necessary). Our employees and the by us hired third parties are required to respect your privacy. We also appreciate your trust and will therefore handle your information with care. Your data will be protected at all times and handled confidentially. Kalani amsterdam website contains links to other websites which are not part of www.Kalani.nl and www.kalani.nl; Kalani amsterdam is therefore not responsible for the way these other internet websites treat the privacy of visitors.
We also keep and use all information, which is provided to our website voluntarily, for marketing and service purposes (per our terms and conditions). If you have provided us with your mailing address and/or phone number, it is possible to receive selective mailings and catalogues from us periodically. It is also possible for us to call you with information regarding our products and services. In case you do not wish to receive this information (per mail and/or phone), please contact us.
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