Van Eeckhoutte respects the privacy of its website visitors, in particular their rights regarding the automatic processing of personal data. We have therefore formulated and implemented a policy on complete transparency with our customers regarding the processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way.
If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl/nl.
Article 1 – Definitions
- Website (hereinafter: “Website”) www.kve.one.
- Party responsible for processing personal data (hereinafter: “the controller”): Van Eeckhoutte, established at Vasco Da Gama Straat 30A, 3814XRAmersfoort, The Netherlands, Chamber of Commerce number: 69526974 .
Article 2 – Access to the website
Access to and use of the website are strictly personal. You will refrain from using the data and information of this website for your own commercial, political or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers.
Article 3 – Website content
All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means whatsoever, of all or just part of it, including technical applications, without the prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement, can not be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party.
Article 4 – Management of the website
For the purpose of proper management of the site, the controller may at any time:
- suspend, interrupt, reduce or decline the access to the website for a particular category of visitors
- delete all information that may disrupt the functioning of the website or conflicts with national or international laws or is contrary to internet etiquette
- make the website temporarily unavailable in order to perform updates
Article 5 – Responsibilities
- The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website, causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek.
- The controller is not liable for any legal proceedings taken against you:
- because of the use of the website or services accessible via the Internet
- The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your connection to or use of the website and you will refrain from any subsequent (legal) action against the controller.
- If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all subsequent damages from you.
Article 6 – Collection of data
- Your personal data will be collected by Van Eeckhoutte .
- Personal data means any information relating to an identified or identifiable natural person (‘data subject’).
- An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- The personal data that are collected on the website are used mainly by the collector in order to maintain a (commercial) relationship with you and if applicable in order to process your orders. They are recorded in an (electronic) register.
Article 7 – Your rights regarding information
- Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of his personal data, as well as the right to object to the processing and the right to data portability.
- You can exercise these rights by contacting us at Stijn@kve.one.
- Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you.
- Within one month of the submitted request, you will receive an answer from us.
- Depending on the complexity and the number of the requests this period may be extended to two months.
Article 8 – Legal obligations
- If any information is necessary in order to obtain access to certain features of the website, the controller will indicate the mandatory nature of this information when requesting these data.
Article 9 – Collected data and commercial offers
- You may receive commercial offers from the collector. If you do not wish to receive them (anymore), please send us an email to the following address: Stijn@kve.one.
- Your personal data will not be used by our partners for commercial purposes.
- If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The collector is not responsible in these circumstances.
Article 10 – Data retention
The collected data are used and retained for the duration determined by law.
Article 11 – Cookies
- We use the following types of cookies on our website:
– Functional cookies: like session and login cookies to collect session and login information.
– Anonymised Analytic cookies: to obtain information regarding the visits to our website, like numbers of visitors, popular pages and topics. In this way we can adjust our communication and information to the needs of our visitors. We can not see who visits our sites or from which personal device the visit has taken place.
- Specifically, we use the following cookies on our website:
No other cookies
- When you visit our website, cookies from the controller and / or third parties may be installed on your equipment.
- For more information about using, managing and deleting cookies for each electronic device, we invite you to consult the following link: https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post / cookies # faq
Article 12 – Imagery and products offered
You cannot derive any rights from the imagery that accompanies any offered product on our website.
Article 13 – Applicable Law
These conditions are governed by Dutch law. The court in the district where the collector has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.
Article 14 – Contact
For questions, product information or information about the website itself, please contact: Stijn Van Eeckhoutte, Stijn@kve.one .
Op het gebruik van deze website (www.kve.one) zijn onderstaande gebruiksvoorwaarden van toepassing. Door gebruik te maken van deze website, wordt u geacht kennis te hebben genomen van de gebruiksvoorwaarden en deze te hebben aanvaard.
Gebruik van informatie
Van Eeckhoutte streeft ernaar op deze website altijd juiste en actuele informatie aan te bieden. Hoewel deze informatie met de grootst mogelijke zorgvuldigheid is samengesteld, staat Van Eeckhoutte niet in voor de volledigheid, juistheid of actualiteit van de informatie. De juridische informatie op de website is van algemene aard en kan niet worden beschouwd als een vervanging van juridisch advies.
Aan de informatie kunnen geen rechten worden ontleend. Van Eeckhoutte aanvaardt geen aansprakelijkheid voor schade die voortvloeit uit het gebruik van de informatie of de website en evenmin voor het niet goed functioneren van de website.
Op basis van het verzenden en ontvangen van informatie via de website of via e-mail kan niet zonder meer een relatie tussen Van Eeckhoutte en de gebruiker van de website ontstaan.
Van Eeckhoutte garandeert niet dat aan haar gezonden e-mails (tijdig) worden ontvangen of verwerkt, omdat tijdige ontvangst van e-mails niet kan worden gegarandeerd. Ook de veiligheid van het e-mailverkeer kan niet volledig worden gegarandeerd door de hieraan verbonden veiligheidsrisico’s. Door zonder encryptie of wachtwoordbeveiliging per e-mail met Van Eeckhoutte te corresponderen, accepteert u dit risico.
Deze website kan hyperlinks bevatten naar websites van derden. Van Eeckhoutte heeft geen invloed op websites van derden en is niet verantwoordelijk voor de beschikbaarheid of inhoud daarvan. Van Eeckhoutte aanvaardt dan ook geen aansprakelijkheid voor schade die voortvloeit uit het gebruik van websites van derden.
Alle publicaties en uitingen van Van Eeckhoutte zijn beschermd door auteursrecht en andere intellectuele eigendomsrechten. Behalve voor persoonlijk en niet commercieel gebruik, mag niets uit deze publicaties en uitingen op welke manier dan ook verveelvoudigd, gekopieerd of op een andere manier openbaar worden gemaakt, zonder dat Van Eeckhoutte daar vooraf schriftelijke toestemming voor heeft gegeven.
GENERAL TERMS AND CONDITIONS
- Van Eeckhoutte: Van Eeckhoutte, established in Amersfoort, Chamber of Commerce no. 69526974.
- Customer: the person with whom Van Eeckhoutte has entered into an agreement.
- Parties: Van Eeckhoutte and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Van Eeckhoutte.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by Van Eeckhoutte are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Van Eeckhoutte is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Van Eeckhoutte could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment term
- Van Eeckhoutte may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
- The customer must have paid the full amount within 7 days after delivery of the product.
- Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Van Eeckhoutte having to send the customer a reminder or to put him in default.
- Van Eeckhoutte reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Payments and payment term – Store
Products are immediately paid for in the store.
Consequences of late payment
- If the customer does not pay within the agreed term, Van Eeckhoutte is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Van Eeckhoutte.
- The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
- If the customer does not pay on time, Van Eeckhoutte may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Van Eeckhoutte on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by Van Eeckhoutte, he is still obliged to pay the agreed price to Van Eeckhoutte.
Right of recovery of goods
- As soon as the customer is in default, Van Eeckhoutte is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Van Eeckhoutte invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Van Eeckhoutte, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
- A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
- the product has not been used
- it is not a product that can spoil quickly, like food or flowers
- the product is not specially tailored for the consumer or adapted to its special needs
- it is not a product that may not be returned for hygienic reasons
- the purchase does not concern an (assignment to) urgent repair
- the consumer has not renounced his right of cancellation
- The reflection period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first the product of a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed the purchase of digital content via the internet
- The consumer can notify his right of cancellation via firstname.lastname@example.org, if desired by using the withdrawal form that can be downloaded via the website of Van Eeckhoutte, www.kve.one.
- The consumer is obliged to return the product to Van Eeckhoutte within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
- The costs for return are due Van Eeckhoutte if the complete order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Van Eeckhoutte will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Van Eeckhoutte in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
- Van Eeckhoutte can appeal to his right of retention of title and in that case retain the products sold by Van Eeckhoutte to the customer until the customer has paid all outstanding invoices with regard to Van Eeckhoutte, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Van Eeckhoutte.
- Van Eeckhoutte is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
The customer waives his right to settle any debt to Van Eeckhoutte with any claim on Van Eeckhoutte.
Retention of title
- Van Eeckhoutte remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Van Eeckhoutte under whatever agreement with Van Eeckhoutte including of claims regarding the shortcomings in the performance.
- Until then, Van Eeckhoutte can invoke its retention of title and take back the goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Van Eeckhoutte invokes its retention of title, the agreement will be dissolved and Van Eeckhoutte has the right to claim compensation, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery takes place at Van Eeckhoutte unless the parties have agreed upon otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed price is not paid on time, Van Eeckhoutte has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Van Eeckhoutte.
- Any delivery period specified by Van Eeckhoutte is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Van Eeckhoutte.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Van Eeckhouttecannot deliver within [number of days late] or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
- If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Van Eeckhoutte may not be held liable for any damage.
- If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Van Eeckhoutte, failing which Van Eeckhoutte cannot be held liable for any damage.
- If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
- Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
The customer indemnifies Van Eeckhoutte against all third-party claims that are related to the products and/or services supplied by Van Eeckhoutte.
- The customer must examine a product or service provided by Van Eeckhoutteas soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Van Eeckhoutte of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
- Consumers must inform Van Eeckhoutte of this within two months after detection of the shortcomings.
- The customer gives a detailed description as possible of the shortcomings, so that Van Eeckhoutte is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Van Eeckhoutte being forced to perform other work than has been agreed.
- The customer must provide any notice of default to Van Eeckhoutte in writing.
- It is the responsibility of the customer that a notice of default actually reaches Van Eeckhoutte (in time).
Joint and several Client liabilities
If Van Eeckhoutte enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Van Eeckhoutteunder that agreement.
Liability of Van Eeckhoutte
- Van Eeckhoutte is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Van Eeckhoutte is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
- Van Eeckhoutte is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Van Eeckhoutte shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
- The customer has the right to dissolve the agreement if Van Eeckhoutteimputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
- If the fulfillment of the obligations by Van Eeckhoutte is not permanent or temporarily impossible, dissolution can only take place after Van Eeckhoutte is in default.
- Van Eeckhoutte has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Van Eeckhoutte good grounds to fear that the customer will not be able to fulfill his obligations properly.
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Van Eeckhoutte in the fulfillment of any obligation to the customer cannot be attributed to Van Eeckhoutte in any situation independent of the will of Van Eeckhoutte, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Van Eeckhoutte .
- The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Van Eeckhouttecannot fulfill one or more obligations towards the customer, these obligations will be suspended until Van Eeckhoutte can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Van Eeckhoutte does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Changes in the general terms and conditions
- Van Eeckhoutte is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by Van Eeckhoutte with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer can not transfer its rights deferring from an agreement with Van Eeckhoutte to third parties without the prior written consent of Van Eeckhoutte.
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Van Eeckhoutte had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between the parties.
- The Dutch court in the district where Van Eeckhoutte is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 18 mei 2020.