Terms and conditions
General delivery conditions Kynett B.V.
Registered at the Chamber of Commerce under number 72842067
Article 1. Definitions
In these general conditions the following terms are written with a capital letter and used in the following meaning, unless explicitly stated otherwise:
Consumer: the Buyer who does not act in the exercise of profession or business when entering into an Agreement with Kynett.
Buyer: the natural or legal person who purchases Kynett Products and the other party to the Agreement with Kynett within the meaning of article 6: 231 sub c of the Dutch Civil Code.
Kynett: the other party to the Agreement with the Buyer and the user of these general terms and conditions in the sense of article 6: 231 under b of the Dutch Civil Code.
Order: placing an order to deliver Products by Buyer to Kynett.
Agreement: the agreement between Kynett and Buyer on the basis of which Kynett delivers Products to Buyer against payment.
Parties: Kynett and Buyer jointly.
Products: all items, including fitness training devices, accessories, and related items, which are the subject of the Agreement.
Written: under "written", these general terms and conditions also include communication by e-mail, fax or digital (for example via an online interface) provided that the identity of the sender and integrity of the content is sufficiently established.
Website: the website of Kynett which can be reached via: https://www.kynett.com.
Article 2. Applicability
These general terms and conditions apply to all offers, Agreements and deliveries of Kynett, of whatever nature, unless that applicability is explicitly excluded in full or in parts or explicitly agreed otherwise.
Any general terms and conditions of the Buyer, however named, are explicitly rejected. Deviations from and additions to these terms and conditions only apply if and insofar as Kynett expressly accepts them in writing.
If Kynett permits deviations from these general terms and conditions for a short or longer period of time, tacitly or otherwise, this shall not affect its right to demand immediate and strict compliance with these conditions. Buyer can not derive any rights from the manner in which Kynett applies these terms and conditions.
The present conditions also apply to all agreements with Kynett, for the execution of which third parties are involved. These third parties can make a direct appeal to the Buyer under these conditions, including any limitations of liability.
If one or more of the provisions of these general terms and conditions or any other Agreement with Kynett would be in conflict with a mandatory statutory provision or any applicable legal provision, the relevant provision will lapse and will be replaced by a new one to be determined by Kynett. legally permissible and comparable provision.
Article 3. Offers
All offers from Kynett are revocable and are contractually recorded, unless otherwise stated in writing. The content of the delivery is determined solely by the description of the delivery given in the offer. If the acceptance deviates (on minor points) from what is included in the offer, Kynett is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Kynett indicates otherwise. Clear errors or errors in Kynett's offer, for example on its Website or in price lists, do not bind Kynett.
Article 4. Prices
For Orders within the Netherlands, the prices quoted include VAT and other government levies. The shipping costs will be borne by the Buyer, unless the Buyer indicates that he wishes to collect the Products from the company.
For Orders destined for foreign countries, the prices quoted by Kynett are paid to the agreed final destination "CPT - Carriage Paid To" (in accordance with the relevant provisions of the latest version of the Incoterms as drawn up by the International Chamber of Commerce) . The prices are therefore exclusive of VAT, insurance, import duties, excise duties due in the importing country and other taxes or levies imposed or levied in respect of the goods, but including transport and packaging costs, unless otherwise indicated.
Kynett is free to change its prices at any time. Offers therefore do not automatically apply to future Orders.
Article 5. Establishment of the agreement
Article 5. Establishment of the agreement
With the exception of the following, an Agreement with Kynett only comes into effect after Kynett has accepted or confirmed an Order in writing. The order confirmation is deemed to correctly and completely represent the Agreement, unless the Buyer objects to this immediately and in writing.
For Orders placed via the Kynett website, contrary to the provisions in paragraph 1 of this article, the Agreement is concluded at the moment that the Buyer has successfully completed all the steps of the online ordering process. Kynett will then confirm the Order in writing to the Buyer.
Any additional agreements made or modifications made later will only bind Kynett if they have been confirmed in writing by Kynett within 5 days.
Article 6. Delivery and risk transfer
Unless otherwise agreed, delivery and insurance of goods to destination outside the Netherlands are paid to the agreed place of destination "CPT - Carriage Paid To" (in accordance with the relevant provisions in the latest version of the Incoterms as drawn up by the International Chamber of Commerce) . Kynett bears the costs for the transport, but the risk associated with the transport of the goods passes to the Buyer at the moment that Kynett has handed over the goods to the first carrier.
For shipments within the Netherlands, the goods are transported at Kynett's risk, unless expressly agreed otherwise. The costs for transport are shown during checkout. The risk with regard to the Products passes to the Buyer at the time that they are presented to the delivery address for receipt.
The choice of means of transport is to Kynett, also for non-prepaid shipments, where no instructions have been given for the shipment by the Buyer. Barriers or temporary foreclosures in the transport with the chosen means of transport do not oblige the switching of another means of transport.
If the Buyer, by way of derogation from paragraphs 2 and 3, requires a certain shipping or transport method from Kynett which is not offered by Kynett as standard, then the risk of shipment lies with the Buyer. The risk with regard to the Products will then pass to the Buyer at the time that Kynett has delivered the Products to the first carrier.
If the Buyer has specific requirements with regard to packaging to be used by Kynett, all costs for the use of these packaging shall be borne by the Buyer. Packaging materials are not taken back by Kynett.
If it has been agreed that the Purchaser will collect the Products or have them take care of the transport themselves, the Products that are ready for collection or dispatch must be picked up immediately at the place of delivery or received. The risk with regard to the Products in this case passes to the Buyer at the moment that the Buyer has received the Products or a third party engaged by the Buyer.
If it proves impossible to deliver the Products to the Buyer due to a cause in the sphere of the Buyer, Kynett reserves the right to store these Products at the expense and risk of the Buyer, possibly in the open air, everything without incurring any liability on the part of Kynett for damage, depreciation, loss or otherwise. During storage a period of 30 days applies within which Kynett Buyer will be able to take delivery of the Products. This applies unless Kynett has explicitly set a different term in writing.
If the Buyer also fails to fulfill his obligations after the expiry of the period referred to in the previous paragraph of this article, the Buyer shall be in default by operation of law and Kynett shall be entitled to the Agreement in writing and with immediate effect, without prior notice or further notice of default, without judicial intervention and without being liable for damages, costs or interest, to dissolve in whole or in part. Kynett is entitled, where appropriate, to sell the Products to third parties or to use them for the execution of other agreements.
The foregoing does not affect the Buyer's obligation to pay the agreed purchase price, as well as any surcharges / or other costs.
Article 7. Delivery periods
If Kynett has specified a period for delivery or performance of the Agreement, it is only indicative. A specified delivery time can therefore never be regarded as a deadline. In the event that a period is exceeded, the Buyer must therefore give Kynett notice of default in writing. Kynett must be offered a reasonable period in which to still implement the Agreement.
If and insofar as Kynett deems this necessary for the proper execution of the Agreement, Kynett is entitled to have certain activities performed by third parties.
The Buyer shall ensure that all data, of which Kynett indicates that these are necessary or of which the Buyer should reasonably understand that these are necessary for the execution of the Agreement, are provided to Kynett in time. If the data required for the execution of the Agreement have not been provided to Kynett in time, Kynett has the right to suspend the performance of the Agreement and / or to charge the Buyer for the additional costs arising from the delay in accordance with the customary rates.
Article 8. Visibility period and right of withdrawal
If there is a distance purchase, the offer will also include a period of 14 days, starting the day after receipt by or on behalf of the Consumer, unless otherwise agreed. In that case, the purchase is only definitive when 14 days have passed since receipt of the Product.
During the trial period, the Consumer has a right of withdrawal, whereby the Consumer has the possibility to return the received Products without any obligation on his part, other than for reimbursement of the direct costs of returning the goods.
The Consumer can invoke the right of withdrawal by informing Kynett in writing or by e-mail of his intention within a period of 14 days after receipt by or on behalf of the Consumer. The written statement will be sent by e-mail to firstname.lastname@example.org
To this end, the Consumer can make use of the return form that Kynett makes available on its website, but the Consumer is not obliged to do so.
If the Consumer invokes the right of withdrawal, Kynett will refund the amount already paid by the Consumer at the latest within 14 days after receipt of the returned Products.
The Consumer can only make use of her right of withdrawal if the Products in question are returned complete, undamaged, unused and in the original packaging.
However, the Consumer may remove the Product from the packaging insofar as this is necessary to assess whether the Product meets the expectations of the Consumer, as long as the original packaging is retained and the Product can be returned in undamaged and unopened condition. After the Consumer has opened the Product for use, the Consumer can no longer appeal to revocation.
After invoking her right of withdrawal, the Consumer must return the delivered goods to Kynett within 14 days. The costs for the return shipment will be borne by the Consumer. Products can also be returned at the Kynett warehouse.
Kynett does not use its own transport for the return of Products.
Article 9. Research, complaints and quality guarantee
The Buyer must check the delivered goods immediately after delivery for possible deviations with what has been agreed. Any complaints regarding the delivered Products must be submitted to Kynett by e-mail or by telephone within 48 hours of delivery at the latest. After the expiry of the aforementioned term, the delivery is deemed to have been irrevocably and unconditionally accepted by the Buyer. The Buyer must keep the defective Products available to Kynett for the assessment of the complaint. Submitting a complaint does not suspend the payment obligation of the Buyer with regard to the Products in question.
Should the Products be visibly damaged externally on arrival, then the Buyer must make a written reservation about this against the carrier by means of a note on the delivery note.
If a Product contains a defect, the Buyer must then return the Product to Kynett within three days for assessment. The costs for return shipment will be borne by the Buyer. If the defect is confirmed by Kynett, Kynett will replace the Product free of charge.
If replacement is not possible, for example because the relevant Product is no longer available, Kynett will refund the purchase amount to the Buyer.
Products that are transported or sent to Kynett for replacement or for assessment under quality assurance shall remain at the Buyer's risk at all times, regardless of who determines the manner of transport or shipment and regardless of who is responsible for the costs thereof.
By fulfilling one of the aforementioned services, Kynett will be fully discharged in respect of its guarantee obligations and Kynett will not be held to any further (damage) compensation.
Defective Products can only be returned after prior consultation with one of Kynett's sales employees.
Article 10. Invoicing and payment
Kynett is entitled at the start of the Agreement to require that the shipment takes place after full or partial prepayment has been made by the Buyer. Unless expressly agreed otherwise, payment is made by means of a pre-payment to a payment method offered via the Kynett website, such as iDeal and credit card.
If it has been agreed that payment shall be effected by means of an invoice, the payment of the invoice must be made within 14 days after the invoice date, without any setoff or discount, in a manner to be indicated by Kynett in the currency in which the invoice has been invoiced.
Kynett is entitled to send invoices digitally.
After the expiry of the agreed payment term, the Buyer is legally in default without further notice of default being required.
From the moment of default, the Buyer owes an interest of 1% per month on the due and payable amount, unless the statutory commercial interest is higher, in which case the statutory commercial interest rate applies. All (extra) judicial costs incurred by Kynett in order to obtain satisfaction - both in and out of court - will be borne by the Buyer from that moment. In that case, the Buyer will owe a fee of at least 15% of the outstanding amount, with a minimum of € 150.00. For Consumers this is a percentage of at least 5% with a minimum of € 40.00. If the costs actually incurred and to be incurred by Kynett exceed this amount, they will also qualify for reimbursement.
If the Purchaser has not fulfilled its payment obligations in time, Kynett is entitled to suspend the fulfillment of the obligations towards the Purchaser to deliver or to perform work until the payment has been made or proper security has been provided for this. The same applies even before the moment of default if Kynett has the reasonable suspicion that there are reasons to doubt the creditworthiness of the Buyer.
In the event of liquidation, bankruptcy, debt repayment or suspension of payment of the Buyer or an application thereto, the claims of Kynett and the obligations of the Buyer vis-à-vis Kynett are due immediately.
If the Buyer, for whatever reason, also has one or more counterclaims against Kynett, then the Buyer will waive the right to setoff. The aforementioned waiver of the right to settlement also applies if the Buyer applies for a (provisional) suspension of payment or is declared bankrupt.
Article 11. Retention of title
All Products delivered by Kynett remain the property of Kynett until the Buyer has fully complied with all its payment obligations towards Kynett under any Agreement concluded with Kynett for the delivery of Products and / or the performance of work, claims in respect of failure to comply with such an Agreement.
A Buyer who acts as a reseller is not entitled to sell or resell the Products that are subject to Kynett's retention of title, not even if this is customary in the normal course of his business.
The Buyer is not permitted to establish limited rights to Products that are subject to Kynett's retention of title. If third parties (wish to) (wish to) establish rights on Products subject to the retention of title, the Buyer will immediately inform Kynett of this.
On the delivered Products that have been transferred into the ownership of the Purchaser and are still in the hands of Kynett, Kynett hereby reserves the right now for non-possessory right of pledge for multiple security claims, other than in article 3:92 paragraph 2 of the Dutch Civil Code , which Kynett may have against the Buyer for whatever reason.
The Buyer is obliged to keep the Products delivered under retention of title separate from other Products, with due care and as recognizable property of Kynett.
The Buyer is obliged to insure the Products against fire, explosion and water damage as well as against theft for the duration of the retention of title and to provide Kynett with the policies of these insurances on first request. All claims of the Buyer to insurers of the Products under the aforementioned insurance policies will, as soon as Kynett so desires, be pledged to Kynett by the Buyer, to more certainty of the claims of Kynett against the Buyer.
Article 12. Liability
If Kynett is liable for damage, this liability is limited to compensation for direct damage and up to twice the invoice value of the agreement (excluding VAT) to which the liability relates. Direct damage is exclusively understood to mean: a. The reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions; b. any reasonable costs incurred to have the defective performance of Kynett comply with the agreement, unless these can not be attributed to Kynett.
Kynett is never liable for indirect damage, including personal injury, consequential loss, lost profit, missed savings, damage due to business stagnation, environmental damage and damage resulting from fines imposed due to failure to meet delivery deadlines.
Kynett is not liable for damage, of whatever nature or in any form whatsoever, because it is based on incorrect and / or incomplete information provided by the Buyer.
The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Kynett.
Article 13. Limitation period
In all cases, the period within which Kynett can be held liable for compensation of damage is limited to a maximum of 1 year after delivery of the relevant Products to which the damage relates.
Article 14. Force majeure
The parties are not obliged to comply with any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault and may not be legally, legally or generally accepted.
In these general terms and conditions, force majeure is understood in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which Kynett can not exert influence, but as a result of which Kynett is unable to meet its obligations. . This also includes strikes at Kynett's company or subcontractor.
Kynett also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Kynett should have fulfilled its obligation.
Parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 30 days, each of the Parties is entitled to dissolve the Agreement, without any obligation to compensate damage to the other Party.
For as far as Kynett has at present fulfilled or will be able to fulfill its obligations under the Agreement at the time of force majeure, and independent value is due to the part to be fulfilled or to be fulfilled, Kynett is entitled to the part already fulfilled or to be fulfilled. to be invoiced separately. Buyer is obliged to pay this invoice as if it were a separate Agreement.
Article 15. Applicable law and choice of forum
Dutch law applies to all agreements entered into and concluded by Kynett.
All disputes which may arise between Kynett and a Buyer in connection with the present Agreement or further agreements that may result therefrom shall be settled by the competent court in the district where Kynett has its registered office, unless a mandatory statutory provision against this.
Article 16. Change and explanation of the conditions
In the event of an explanation of the content and scope of these general terms and conditions and in the event of a conflict between the content or explanation of any translations of the present general terms and conditions and the Dutch version, the Dutch text will always be decisive.
Applicable is always the last deposited version or the version that applied at the time of the conclusion of the Agreement.