Terms and conditions of use

Index:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the appraisal period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur upon revocation

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination and extension

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Additional or derogatory provisions

Article 1 - Definitions

These terms and conditions include:

1. Studio Marijn van Berge Hainaut or Knititup: the sole proprietorship with limited liability. Studio Marijn van Berge Hainaut or Knititup offering products remotely to consumers;

2. Additional Agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these items, digital content and / or services are provided by Knititup or Studio Marijn van Berge Hainaut, or by a third party party based on an appointment between that third and Knititup;

3. Prayer period: The term within which consumers can use their right of withdrawal;

4. Consumer: The natural person who does not trade for purposes related to his commercial, business, craft or professional activity;

5. Day: calendar day;

6. Digital content: Data produced and delivered in digital form;

7. Duration agreement: an agreement that provides for the regular supply of goods, services and / or digital content for a certain period of time;

8. Sustainable data carrier: any tool - including email - that allows the consumer or entrepreneur to store information that is personalized to him in a manner that allows future consultation or use over a period of time tailored to the purpose for which the information is intended and allows for unmodified reproduction of the stored information;

9. Right of withdrawal: The ability of the consumer to refrain from the distance agreement within the conceivable period;

10. Entrepreneur: The natural or legal person who offers products, (access to) digital content and / or remote services to consumers;

11. Remote Agreement: an agreement concluded between Knititup and the consumer in the context of an organized remote marketing system, digital content and / or services, which may be used solely or jointly until the conclusion of the agreement. is made of one or more remote communication techniques;

12. Model form for revocation: the European Model Form for Revocation set out in Annex I to these Terms. Annex I need not be made available if the consumer has no right of withdrawal in respect of his order;

13. Remote communication technology: means that can be used to conclude an agreement without the need for consumers and Knititup to be in the same space at the same time.

Article 2 - Identity of the entrepreneur

Knititup

Hennepstraat 17 Bis

Phone number: 06 288 33 427

E-mail address: info@knititup.nl

Chamber of Commerce: 59188448

VAT Identification Number: NL124860059B01

If Knititup's activity is subject to a relevant licensing system:

the data on the supervisory authority.

Article 3 - Applicability

1. These terms and conditions apply to any offer of Knititup and to any agreed agreement between Knititup and Consumer.

2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, Knititup will, before the distance contract is concluded, indicate how the Terms and Conditions of Knititup are visible and that they will be sent free of charge at the consumer's request as soon as possible.

3. If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the Consumers can easily be stored on a durable data carrier. If this is reasonably impossible, before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise by the consumer.

4. In the event that, in addition to these general terms and conditions, specific product or service and terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms, the consumer can always rely on the applicable provision that is for him the most beneficial is.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.

2. The offer includes a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true faithful representation of the offered products, services and / or digital content. Apparent mistakes or apparent errors in the offer do not bind Knititup.

3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto.

2. If the consumer has accepted the offer electronically, Knititup immediately confirms receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance is not confirmed by the Knititup, the consumer can terminate the agreement.

3. If the agreement is established electronically, Knititup adopts appropriate technical and organizational measures to ensure the electronic data transfer and ensures a secure web environment. If consumers can pay electronically, Knititup will take appropriate security measures.

4. Knititup may, within legal frameworks, inform whether the consumer is able to meet its payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this inquiry, Knititup has reasonable grounds for not entering into the agreement, he is entitled to refuse an order or request or to impose special conditions on the execution.

5. Knititup shall forward the following information, in writing or in such a way as to be accessible by the consumer in an accessible manner to a durable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:

a. The visit address of the Knititup branch where the consumer is entitled to complaints;

b. the conditions under which and the manner in which the consumer may make use of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;

c. the information about guarantees and existing post-purchase service;

d. the price including all taxes on the product, service or digital content; where applicable, the cost of delivery; and the manner of payment, delivery or execution of the remote agreement;

e. The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is;

f. If the consumer has a right of withdrawal, the model form for revocation.

6. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal for products:

1. The consumer may dissolve a contract with a purchase of a product for a period of at least 14 days without giving reasons. Knititup may ask the consumer for the reason for withdrawal, but do not oblige them to state their reasons.

2. The period referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:

a. If the consumer has ordered multiple products in the same order: the date on which the consumer, or a third party designated by him, received the last product. Knititup may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.

b. if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item;

c. for regular delivery of products for a specified period: the date on which the consumer, or a third party designated by him, received the first product.

For services and digital content not provided on a material carrier:

3. The consumer may dissolve a service agreement and a non-material delivery agreement for a minimum of 14 days without giving reasons. Knititup may ask the consumer for the reason for withdrawal, but do not oblige them to state their reasons.

4. The period referred to in paragraph 3 shall enter into the day following the conclusion of the agreement.

Extended design time for products, services, and digital content not provided on a material carrier by non-disclosure of withdrawal rights:

5. If Knititup has not provided the consumer with statutory information on the right of withdrawal or the model for revocation, the period of refusal shall expire twelve months after the end of the original period of consideration determined in accordance with the previous paragraphs of this article.

6. If Knititup has provided the consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original appraisal period, the period of notice shall expire 14 days after the date on which the consumer has received that information.

Article 7 - Obligations of the consumer during the appraisal period

1. During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.

2. The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond what is allowed in paragraph 1.

3. The consumer is not liable for impairment of the product as Knititup, not prior to or upon the conclusion of the agreement, providing all legally required information about the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and costs there of

1. If the consumer makes use of his right of withdrawal, he will report this within the term of office by means of the model form for revocation or in another unambiguous manner to Knititup.

2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) Knititup. This does not have to offer as Knititup the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.

3. The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Knititup.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer shall bear the direct cost of returning the product. If Knititup has not reported that the consumer has to bear these costs or if Knititup indicates the cost itself, the consumer does not have to bear the cost of returning.

6. If the consumer revokes after first expressly requesting that the service or supply of gas, water or electricity not ready for sale in a limited volume or amount commences during the period of notice, the consumer is Knititup owed an amount proportional to that portion of the commitment made by Knititup at the time of revocation compared with full compliance with the commitment.

7. Consumers shall not incur any costs for the provision of services or the supply of water, gas or electricity which are not ready for sale in a limited volume or quantity or for the supply of district heating if:

a. Knititup has not provided the consumer with legally required information on the right of withdrawal, has not provided the cost reimbursement or revocation model form, or;

b. the consumer has not explicitly requested the start of the service or gas, water, electricity, or district heating service or service during the appraisal period.

8. The consumer is not responsible for the full or partial delivery of digital content not supplied to a material carrier if:

a. He has not expressly agreed to commence compliance with the agreement before the end of the term of office before delivery.

b. he has not recognized to lose his right of withdrawal in granting his consent; or

c. Knititup has failed to confirm this consumer statement.

9. If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.

Article 9 - Obligations of Knititup on withdrawal

1. If Knititup allows the consumer to report the consumer's recall electronically, he will send a receipt confirmation immediately upon receipt of this notification.

2. Knititup will refund all payments made by the consumer, including any delivery costs incurred by Knititup for the returned product, without delay but within 14 days following the date on which the consumer notifies him of the withdrawal. Unless Knititup offers the product itself, it may wait for repayment until it has received the product or demonstrates to the consumer that he has returned the product, whichever is earlier.

3. Knititup uses for repayment the same payment method that the consumer has used unless the consumer agrees with another method. The refund is free for the consumer.

4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, Knititup does not have to pay back the additional cost for the more expensive method.

Article 10 - Exclusion of right of withdrawal

Knititup may exclude the following products and services from the right of withdrawal, but only as Knititup has stated this clearly at the offer, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market to which Knititup has no influence and which may occur within the period of withdrawal;

2. Agreements that are closed during a public auction. Public auction means a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or to be personally present at the auction under the guidance of an auctioneer, and the Successful bidder is required to take down the products, digital content and / or services;

3. Services, after full service, but only if:

a. the implementation has begun with explicit prior consent of the consumer; and

b. The consumer has declared that he loses his right of withdrawal once Knititup has fully implemented the agreement;

4. Package travel as referred to in Article 7: 500 BW and passenger transport agreements;

5. Services for the provision of accommodation, if provided for in the agreement, a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;

6. Agreements relating to leisure activities, provided for in the agreement, a certain date or period of implementation thereof;

7. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and sealed after delivery;

10. Products which, by their nature, are irrevocably mixed with other products;

11. Alcoholic beverages whose price has been agreed upon at the conclusion of the contract but whose delivery can only take place after 30 days and whose actual value depends on fluctuations in the market where the entrepreneur has no influence;

12. Sealed audio, video and computer software, the seal of which has been discontinued after delivery;

13. Newspapers, magazines or magazines, with the exception of subscriptions to this;

14. The delivery of digital content other than a material carrier, but only if:

a. the implementation has begun with explicit prior consent of the consumer; and

b. The consumer has declared that he loses his right of withdrawal.

Article 11 - The price

1. During the period of validity of the offer, the prices of the products and / or services offered shall not be increased, subject to changes in prices resulting from changes in VAT rates.

2. By way of derogation from the previous paragraph, Knititup may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur is not affected by offering variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only allowed if Knititup has stated this and:

a. These are due to statutory regulations or provisions; or

b. the consumer has the power to terminate the agreement as from the date of the price increase.

5. Prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance agreement and additional warranty

1. Knititup ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the legal provisions existing at the date of the conclusion of the agreement and / or government regulations. If agreed, Knititup also means that the product is suitable for other than normal use.

2. An additional warranty provided by Knititup, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer may incur under Knititup under the agreement if Knititup has failed to comply with its part of the agreement.

3. Additional Warranty is understood to mean any commitment by Knititup, its supplier, importer or producer in which it grants to the consumer certain rights or claims that go beyond what is legally required for him in the event of failure to comply with his part of the agreement.

Article 13 - Delivery and execution

1. Knititup will take the utmost care when receiving and carrying out orders for products and assessing applications for services.

2. The place of delivery is the address that the consumer has made known to Knititup.

3. With due regard to what is stated in Article 4 of these Terms and Conditions, Knititup will carry out accepted orders at an accelerated speed, but not later than 30 days, unless another delivery date has been agreed. If delivery is delayed, or if an order can not be executed, or only partially, the consumer will receive a message within 30 days of placing the order. In that case, the consumer has the right to dissolve the agreement without charge and the right to any compensation.

4. After dissolution in accordance with the previous paragraph, Knititup will refund the amount that the consumer has paid immediately.

5. The risk of damage and / or loss of products is borne by Knititup until the time of delivery to the consumer or a pre-designated and known to Knititup, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and extension

Termination:

1. The consumer may at any time terminate an agreement for an indefinite period which includes the provision of scheduled products (including electricity) or services at any time in accordance with agreed notice rules and a notice period of no more than one month.

2. Consumers may terminate a fixed-term agreement which aims at the scheduled delivery of products (including electricity) or services at any time by the end of the specified period, in accordance with agreed notice of cancellation and a notice period of no more than one month.

3. The consumer may conclude the agreements mentioned in the previous paragraphs:

- terminate at all times and not be restricted to termination at a particular time or in a specified period;

- at least terminate in the same manner as they have been incurred by him;

- Always terminate with the same notice period as Knititup has taken for itself.

Extension:

4. A fixed-term contract, which includes the provision of scheduled products (including electricity) or services, may not be tacitly renewed or renewed for a certain period of time.

5. By way of derogation from the preceding paragraph, a fixed-term contract which is intended to provide regular delivery of daily newspapers and magazines and magazines shall be tacitly extended for a period of up to three months if the consumer extends this terminate the agreement by the end of the renewal with a notice period of no more than one month.

6. An agreement that has been concluded for a certain period and which involves the scheduled delivery of products or services may only be extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event of the agreement being arranged but less than once a month, delivery of daily, news and weekly newspapers and magazines.

7. A contract of limited duration until the scheduled delivery of daily, news and weekly newspapers and magazines (trial or acquaintance subscription) is not tacitly continued and terminates automatically after the trial or acquisition period.

Expensive:

8. If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness is terminated before the end of the agreed duration resisting.

Article 15 - Payment

Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days of the expiry of the due date or, if there is no due date within 14 days of closing of the agreement. In the case of an agreement to provide a service, this period will commence on the day after the consumer has received the confirmation of the agreement.

2. In the case of consumer products, the consumer may never be required to pay more than 50% in terms of terms and conditions. When prepayment is made, the consumer can not make any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.

3. The consumer is obliged to notify Knititup without delay of any incorrect or reported payment information.

4. If the consumer fails to meet his payment obligation (s) in good time, after having been informed by Knititup of late payment and Knititup, the consumer has given a 14-day deadline for meeting its payment obligations after Failure to pay within this 14-day term, the amount owed is due to the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. This collection fee amounts to a maximum of 15% on outstanding amounts to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. Knititup can deviate from the amounts and percentages for the benefit of the consumer.

Article 16 - Complaints

1. Knititup has a well-known complaints procedure and handles the complaint in accordance with this complaint procedure.

2. Complaints about the performance of the agreement must be submitted in full and clearly defined by Knititup within a reasonable time after the consumer has identified the defects.

3. Complaints submitted to Knititup will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.

4. The consumer should give Knititup at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises which is susceptible to the dispute settlement.

Article 17 - Disputes

1. All agreements between Knititup and the consumer covered by these terms and conditions shall be governed exclusively by Dutch law.

Article 18 - Additional or derogatory provisions

Additional or different provisions from these terms and conditions may not be in the consumer's interest and should be written in writing or in such a way that they can be stored by the consumer in an accessible manner on a sustainable data carrier.