Terms and Conditions

ARTICLE 1. | DEFINITIONS
In these terms and conditions, the following terms, always denoted with a capital letter, are used
in the meaning set out below.

1. JouwKlimaatkast: the user of these terms and conditions, established at Donk 5, 2991LE in Barendrecht, registered in the Trade Register under Chamber of Commerce number 42025642.

2. Customer: any natural or legal person with whom JouwKlimaatkast has concluded or intends to conclude an Agreement.

3. Consumer: a Customer, a natural person, not acting in the exercise of a profession or business.

4. Parties: JouwKlimaatkast and the Customer jointly.

5. Agreement: any agreement concluded directly between the Parties via the Web Shop, in the context of which JouwKlimaatkast has undertaken to deliver Products to the Customer.

6. Products: the items to be delivered by JouwKlimaatkast to the Customer under the Agreement, including returned goods, such as climate cabinets, kitchen appliances and household appliances.

7. Web Shop: www.jouwklimaatkast.nl.

8. In Writing: communication in writing, communication by email or any other means of communication that, in view of the current state of technology and prevailing views in society, can be regarded as equivalent thereto.

ARTICLE 2. | APPLICABILITY

1. These terms and conditions apply to every offer made by JouwKlimaatkast in the Web Shop and to every Agreement concluded.

2. Any general terms and conditions of the Customer, under whatever name, do not apply to the Agreement.

3. Deviation from the provisions of these terms and conditions is only possible explicitly and In Writing. If and insofar as the provisions of these terms and conditions deviate from what the Parties have explicitly agreed In Writing, what the Parties have explicitly agreed In Writing shall prevail.

ARTICLE 3. | OFFER AND FORMATION OF AGREEMENTS

1. Every offer made by JouwKlimaatkast is without obligation. Immediately, or as soon as possible after the order has been placed by the Customer, JouwKlimaatkast may still withdraw the offer, for example if the Products turn out to no longer be available. If payment has already been made by the Customer in such a case, JouwKlimaatkast will arrange for repayment as soon as possible.

2. Without prejudice to the provisions of paragraph 1, every Agreement is formed at the moment the offer made by JouwKlimaatkast is accepted by the Customer and the Customer has met all conditions explicitly stated in the offer. Subsequently, without prejudice to the provisions of paragraph 1, the order will be confirmed to the Customer by email.

ARTICLE 4. | RIGHT OF WITHDRAWAL

1. Once formed, the Agreement is binding, unless the Customer is a Consumer, in which case the right of withdrawal referred to in the following paragraphs applies.

2. The Consumer may withdraw from the Agreement, in whole or in part, up to 14 days after receipt of the Products, subject to our return conditions.

3. The Consumer may withdraw from the Agreement solely by using the returns page. JouwKlimaatkast will no longer confirm the dissolution of the Agreement upon approval of the return, but will immediately process the refund if the return has been approved.

4. Cancellation of orders. If a customer wishes to cancel an order before it has been shipped, JouwKlimaatkast is entitled to withhold 27% of the order amount as cancellation costs. This percentage covers the costs incurred for reservation, transaction fees, administrative processing and handling costs. Cancellation is only possible before the order is shipped or when the order is collected. The refund of the remaining amount will be processed within the statutory period.

5. During the 14-day cooling-off period, the Consumer must handle the Products and their packaging with care. The Consumer may only handle and inspect the Products to the extent necessary to assess the nature and characteristics of the Products. The starting point here is that the Consumer may only handle and inspect the Products as they would be allowed to do in a physical shop; testing or switching on is not permitted.

6. If the Consumer exercises the right of withdrawal, they will return the Products: Without new signs of use, With all supplied accessories in their original condition and original packaging, and in accordance with the return instructions stated on the returns page.

JouwKlimaatkast reserves the right to refuse returned items if: There is a suspicion that the items have already been used, switched on, damaged, or when the return instructions stated on JouwKlimaatkast's returns page have not been followed. Products that have been switched on, used or tested can no longer be returned. Products on which the SEAL has been broken can no longer be returned for reasons of hygiene.

7. The Consumer is liable for any diminished value of the Products resulting from handling of the products that goes beyond what is permitted under paragraph 4. JouwKlimaatkast is entitled to charge this diminished value to the Consumer, whether or not by offsetting it against any payment already received from the Consumer, without the Consumer's consent.

8. Return delivery of the Products must take place within 14 days after the consumer has received the shipment.

9. If the Consumer exercises the right of withdrawal, the costs of returning and shipping the Products are borne by the Consumer. If the return does not comply with the provisions of paragraph 5, the costs for returning the shipment will be borne by the Consumer. The Consumer has 5 days after JouwKlimaatkast has notified them of this to pay these costs, otherwise JouwKlimaatkast reserves the right to destroy the product.

10. JouwKlimaatkast will refund any payment already received from the Consumer, minus any diminished value and return costs, as soon as possible, but no later than within 14 days after receipt of the return, provided that the Products have been received back by JouwKlimaatkast and the return received complies with the provisions of paragraph 5.

11. The customer is responsible for the risk during the return shipment, in the event of loss, damage or theft.

ARTICLE 5. | DELIVERY OF THE PRODUCTS & DELIVERY PERIODS

1. Delivery of the Products takes place at the explicitly agreed place and manner; by delivery or collection.

2. In the case of delivery, JouwKlimaatkast reserves the right to deliver the order in parts. In that case, the Consumer's cooling-off period in connection with the right of withdrawal only commences at the
moment the last partial delivery of the order has been received by or on behalf of the Consumer.

3. The risk of loss and damage to the Products during shipment is borne by the customer; this also applies if the customer is not a Consumer.

4. If no delivery period has been explicitly agreed, JouwKlimaatkast will deliver within thirty days after the conclusion of the Agreement. If a delivery period has indeed been agreed, this only concerns an indicative, non-strict period. If JouwKlimaatkast does not deliver within thirty days or the agreed delivery period respectively, JouwKlimaatkast will only be in default once the Customer has sent JouwKlimaatkast a written notice of default specifying a reasonable period within which JouwKlimaatkast must still proceed to delivery, and delivery has still not taken place after
expiry of that period. Only once JouwKlimaatkast is in default is the Customer entitled to dissolve the Agreement, for that part to which JouwKlimaatkast's default relates, and to claim a proportionate refund or waiver. A mere overrun of the delivery period therefore does not entitle the Customer to any compensation.

5. If JouwKlimaatkast incurs additional costs as a result of a circumstance attributable to the customer, for example in connection with multiple delivery attempts, these costs will additionally be borne by the Customer.

ARTICLE 6. | INSPECTION, COMPLAINTS & DEFECTS

1. In the case of delivery of the Products, the Customer must immediately examine, at the moment the Products are delivered, whether their nature and quantity correspond to the Agreement.
If, in the Customer's opinion, the nature and/or quantity of the Products do not
correspond to the Agreement, the Customer must notify JouwKlimaatkast thereof without delay by email
([email protected]).

2. If the Products are collected at JouwKlimaatkast's location, the Customer must examine the Products for visible or otherwise recognisable defects upon collection. In that case, the Products are deemed to correspond to the Agreement if they have been taken away by or on behalf of the Customer without any reservation In Writing.

3. Complaints regarding defects of a Product that were reasonably not visible or otherwise not recognisable at the time of delivery must be submitted to JouwKlimaatkast within 2 days after discovery of the defect, or at least within a period of 2 days after the Customer could reasonably have been aware of the defect, by email ([email protected]).

4. The provisions of the previous paragraphs do not affect the mandatory statutory complaint period of two months for Consumers, as regulated in Article 7:23 of the Dutch Civil Code.

5. If the Customer does not complain in time, no obligation whatsoever arises for JouwKlimaatkast from such a complaint by the Customer.

6. Even if the Customer complains in time, the Customer's obligation to pay on time remains, except insofar as the law imperatively prevents this for the benefit of the Consumer.

7. The goods supplied are returned goods offered by JouwKlimaatkast at rock-bottom prices. The Customer accepts the risk that one or more Products may not be of the quality that the Customer may otherwise expect of new goods.

JouwKlimaatkast provides a 1-year warranty on their products; this warranty only applies to the functional parts of the product and not to its operation. This warranty covers, among other things, hinges, feet, shelves, LCD displays, provided the defect was not caused during transport or by the customer themselves. JouwKlimaatkast is not, and need not be, aware of the contents and condition of the Products.

JouwKlimaatkast is not liable for damage resulting from defects in the Products. The Customer indemnifies JouwKlimaatkast against all claims of the Customer and claims by third parties in this regard.

8. In the event the customer wishes to make a claim under the warranty, the customer must demonstrate themselves what the defects are in the product and that this falls under the warranty. The product must be handed in at the Head Office of JouwKlimaatkast if it has been approved by Jouwklimaatkast for repair or inspection; the responsibility for this transport and all costs it entails lie with the customer.

9. JouwKlimaatkast is not liable for any possible damage that may arise during the repair of a product under warranty. JouwKlimaatkast will repair the product within a reasonable period, which depends on seasonal busyness and the type of product, and will be agreed between JouwKlimaatkast and the Customer.

9. The provisions of the previous paragraph do not detract from the mandatory statutory rights and claims that the Consumer may assert against JouwKlimaatkast (conformity).

ARTICLE 7. | FORCE MAJEURE

1. JouwKlimaatkast is not obliged to fulfil any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted standards (force majeure). Force majeure includes, in addition to what is understood by this in law and case law, errors or shortcomings of JouwKlimaatkast's suppliers, transport difficulties, disasters, epidemics, pandemics, war and threat of war, interruptions, exclusions, riots, malicious damage and strikes.

2. Insofar as the force majeure situation permanently makes compliance with the Agreement impossible, the Parties are entitled to dissolve the Agreement with immediate effect.

3. If JouwKlimaatkast has already partially fulfilled its delivery obligations at the time the force majeure situation occurs, or can only partially fulfil its delivery obligations, it is entitled to invoice the part already delivered, or the part still deliverable, of the Agreement separately as if it were an independent
Agreement.

4. Damage as a result of force majeure is, notwithstanding the application of the previous paragraph, never eligible for compensation.

ARTICLE 8. | PRICES, SHIPPING COSTS AND PAYMENTS

1. Before the Agreement with a Consumer is concluded, the total price is stated, including any shipping costs. In other cases, stated sales prices are exclusive of any shipping costs, whereby the actual shipping costs incurred by JouwKlimaatkast are additionally borne by the Customer.

2. JouwKlimaatkast is entitled to demand full or partial advance payment of the agreed price and any shipping costs, provided that JouwKlimaatkast will not require a Consumer to make an advance payment of more than half of the purchase price.

3. JouwKlimaatkast is not obliged to perform the Agreement for as long as the Customer is in default of fulfilling any payment obligation towards JouwKlimaatkast that is already due and payable.

4. Payments must be made in the manner designated by JouwKlimaatkast for this purpose, at the time indicated by it.

5. JouwKlimaatkast is entitled to make the invoices due to the Customer available to them solely by email.

6. If timely payment is not made, the Customer is automatically in default by operation of law. From the day this default occurs, the Customer owes the statutory (commercial) interest then applicable on the outstanding amount.

7. All reasonable costs, both judicial, extrajudicial and enforcement costs, incurred to obtain amounts owed by the Customer, are borne by the Customer.

ARTICLE 9. | LIABILITY

1. The Customer bears the damage caused by inaccuracies or incompleteness in the information provided by the Customer, any other failure to comply with the Customer's obligations arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to JouwKlimaatkast.

2. In addition to the provisions of article 6.7, JouwKlimaatkast is in no case liable for indirect damage, including but not limited to loss incurred, lost profits and damage as a result of business interruption.

3. Should JouwKlimaatkast, despite the provisions of these terms and conditions, be liable for any damage, JouwKlimaatkast always has the right to repair this damage. The Customer must give JouwKlimaatkast the opportunity to do so, failing which any liability of JouwKlimaatkast in this regard lapses.

4. JouwKlimaatkast's liability is limited to no more than the invoice value of the Agreement, or at least to that part of the Agreement to which JouwKlimaatkast's liability relates.

5. With regard to a consumer purchase, the limitations in this article do not extend further than is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.

ARTICLE 10. | GENERAL COMPLAINTS POLICY

1. Complaints regarding the performance of the Agreement must, without prejudice to the provisions of article 6, be submitted to JouwKlimaatkast by email ([email protected]) within a reasonable time after the Customer has discovered the grounds giving rise to the complaint.

2. Complaints submitted to JouwKlimaatkast will be answered within a period of seven days after receipt thereof. If a complaint requires a longer processing time, a response will be given within the seven-day period with an acknowledgement of receipt and an indication of when the Customer can expect a more detailed answer.

3. If a Consumer's complaint cannot be resolved by mutual agreement, the Consumer may submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/). JouwKlimaatkast is not obliged to cooperate with this.

ARTICLE 11. | RETENTION OF TITLE

1. All delivered Products remain the property of JouwKlimaatkast until the Customer has fulfilled all its payment obligations under the Agreement.

2. The Customer is prohibited from selling, pledging or otherwise encumbering the Products subject to retention of title.

3. The Customer is obliged to keep the Products delivered subject to retention of title with the necessary care and as recognisable property of JouwKlimaatkast.

4. If third parties seize the Products subject to JouwKlimaatkast's retention of title, or wish to establish or enforce rights thereon, the Customer is obliged to notify JouwKlimaatkast thereof as soon as possible.

5. In the event of a breach of the provisions of this article, the amount owed by the Customer to JouwKlimaatkast immediately becomes fully due and payable.

6. The Customer gives unconditional permission to JouwKlimaatkast or third parties designated by JouwKlimaatkast to enter all places where the Products subject to retention of title are located. The Customer must provide JouwKlimaatkast with all information upon first request in order to be able to exercise its ownership rights. All reasonable costs associated with the exercise of JouwKlimaatkast's ownership rights are borne by the Customer.

7. If the Customer, after the Products have been delivered to them by JouwKlimaatkast, has fulfilled their obligations, the retention of title with regard to these Products revives if the Customer fails to fulfil their obligations under a subsequently concluded Agreement.

ARTICLE 12. | FINAL PROVISIONS

1. The annulment or invalidity of one or more of the provisions of these terms and conditions or of the Agreement as such does not affect the validity of the remaining provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to agree on a replacement arrangement for the affected provision. In doing so, the purpose and intent of the original provision are observed as much as possible.

2. JouwKlimaatkast is entitled to transfer its rights and obligations under the Agreement to a third party.

3. Dutch law exclusively applies to every Agreement and all legal relationships arising therefrom between the Parties.

4. Before resorting to the courts, the Parties are obliged to make every effort to resolve the dispute by mutual consultation.

5. Except insofar as the law imperatively prevents this under the given circumstances of the case, only the competent court within the district of JouwKlimaatkast's place of establishment is designated to take cognisance of any legal disputes between the Parties.

6. If these terms and conditions are available in multiple languages, the Dutch-language version thereof shall always be decisive for the interpretation of the provisions contained therein.