General terms and conditions of KWS Seuren

DEFINITIONS:

Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with KWS Seuren.

Re-celled product: a used device, component or raw material which is made available to KWS Seuren by the consumer and in respect of which KWS Seuren deploys a combination of materials and services in order to achieve an improved functioning of the used device.

ARTICLE 1 - APPLICABILITY

  1. These general terms and conditions apply to every offer and to every contract concluded by KWS Seuren, including distance sale contracts, orders and contracts for cell replacement/repair as concluded between KWS Seuren and the consumer. These general terms and conditions are deemed to apply also to additional orders, assignments and/or follow-up assignments.

  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer digitally. The general terms and conditions may be inspected at KWS Seuren and shall, at the request of the consumer, be sent free of charge as soon as possible.

  3. If one or more provisions of these general terms and conditions are at any time wholly or partially void or are annulled, the contract and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original provision as closely as possible.

ARTICLE 2 - THE OFFER

  1. The offer is without obligation. KWS Seuren is entitled to change and adjust the offer.

  2. The description of the offer is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If KWS Seuren uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind KWS Seuren, nor can the consumer derive any other right from them.

  3. All images, specifications and data in the offer are indicative and cannot give rise to compensation or to dissolution of the contract.

ARTICLE 3 - THE CONTRACT

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment of acceptance of the offer by the consumer and fulfilment of the conditions attached to it.

  2. If the consumer has accepted the offer by electronic means, KWS Seuren shall without delay confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by KWS Seuren, the consumer may dissolve the contract.

  3. If the contract is concluded electronically, KWS Seuren shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, KWS Seuren shall observe appropriate security measures for that purpose.

  4. KWS Seuren may, within the limits of the law, ascertain whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are relevant to entering into the contract responsibly. If, on the basis of this investigation, KWS Seuren has good grounds for not entering into the contract, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.

  5. Every contract is entered into subject to the conditions precedent of sufficient availability of the products concerned.

ARTICLE 4 - RIGHT OF WITHDRAWAL

  1. When purchasing products by means of a distance sale, the consumer has the option of dissolving the contract without stating reasons during a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer. The product has been received by the consumer on the day on which it is delivered:

    • to the address as provided by the consumer; or

    • to an address designated in advance by the consumer and made known to KWS Seuren; or

    • to a delivery point of the delivery service; or

    • to an address located in the immediate vicinity of the address indicated by the consumer.

  2. During the cooling-off period the consumer shall handle the product and the packaging with care. He shall unpack or use the product only to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to KWS Seuren with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by KWS Seuren.

  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to KWS Seuren no later than within 14 days after receipt of the product. The consumer may make this known by means of the model withdrawal form on the website www.kwsseuren.com or by means of another unambiguously worded written statement. The consumer must ensure that this statement has reached KWS Seuren properly and in good time. After the consumer has made known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in good time, for example by means of proof of dispatch.

  4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that he wishes to exercise his right of withdrawal or, as the case may be, has not returned the product to KWS Seuren, the distance sale is final and the consumer cannot claim a refund of the purchase amount.

  5. As soon as the consumer instructs KWS Seuren to perform services (such as repair and cell replacement), the consumer thereby expressly declares that KWS Seuren may commence the performance of the service and that he waives his right of dissolution as soon as KWS Seuren has performed the contract. The consumer has the right to withdraw from the contract for the supply of services during a period of 14 days after the contract has been concluded, irrespective of the moment of performance or completion of the service. The consumer has no right to withdraw from this contract for the performance of services if KWS Seuren has already fully performed its obligation within the period of 14 days after the conclusion of the contract and if the service is performed in accordance with the specifications of the consumer.

ARTICLE 5 - COSTS IN THE EVENT OF WITHDRAWAL

  1. If the consumer exercises his right of withdrawal in the case of a purchase, the costs of return shipment shall be for his account. If the consumer invokes his right of withdrawal in respect of services, the costs incurred up to the moment of withdrawal are payable. KWS Seuren has the right to set off the costs already incurred against an amount paid (in advance) by the consumer.

  2. If the consumer has paid an amount, KWS Seuren shall refund this amount as soon as possible, but no later than within 14 days after receipt of the returned product.

  3. If a product is received back in a damaged condition, but the damage has not been stated by the consumer as the reason for the withdrawal, the consumer has no claim to a refund of the purchase amount.

ARTICLE 6 - THE PRICE

  1. The prices stated in the offer of products or services include VAT.

  2. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, KWS Seuren is not obliged to supply the product at the incorrect price.

ARTICLE 7 - RETENTION OF TITLE

  • All goods delivered remain the property of KWS Seuren until payment in full, including any additional costs, has been made by the consumer.


ARTICLE 8 - CONFORMITY AND WARRANTY

  1. KWS Seuren warrants that the products and/or services comply with the contract, with the specifications stated in the offer and with the statutory provisions and/or government regulations existing on the date on which the contract was concluded.

  2. Any defects in products delivered, or products delivered incorrectly, must be reported to KWS Seuren in writing within 4 weeks after delivery. The products must be returned in the original packaging and in as-new condition.

  3. Defects that arise after delivery must be made known to KWS Seuren in writing as soon as possible. If the consumer fails to do so, this may have the consequence that the warranty can no longer be successfully invoked. In any event, the consumer can no longer successfully invoke the warranty if the defect is not made known to KWS Seuren within two months after its discovery or within the warranty period.

  4. The warranty period for new products supplied by KWS Seuren corresponds to the manufacturer's warranty period. However, KWS Seuren is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

  5. The warranty period for re-celled products is 2 years, unless stated otherwise in the offer.

  6. The warranty does not apply:

    • if the consumer has repaired and/or modified the products delivered himself or has had them repaired and/or modified by third parties;

    • in the event of water damage;

    • if the product is handled carelessly or has been handled contrary to the instructions of KWS Seuren and/or the instructions on the packaging;

    • if the defectiveness is wholly or partly the result of regulations which the government has laid down or will lay down with regard to the nature or the quality of the materials used;

    • if the warranty seal on the product is broken or moved;

    • if the product has been damaged or lost as a result of force majeure, which expressly includes (but is not limited to) theft, vandalism or fire;

  7. A warranty on a re-celled product applies only to the parts that have been replaced by KWS Seuren. If, for example, the cell pack has not been replaced but only the electronics, the warranty applies only to the electronics.

  8. If the consumer makes a claim under the warranty scheme, KWS Seuren is obliged only to repair or to replace the product. In such a case, replacement may be effected by means of a re-celled product or an (re-celled) product of a different brand/type, as long as it is suitable for the use intended by the consumer. The consumer has no claim to reimbursement of the costs that he has incurred for repair or replacement of the product by himself or by a third party.

  9. If the product is replaced or repaired on the basis of the warranty scheme, no new warranty period shall commence.

ARTICLE 9 - LIMITATION OF LIABILITY

  • KWS Seuren is not liable for indirect damage, including but not limited to consequential damage, loss of profit, lost savings and damage due to business interruption.


ARTICLE 10 - DELIVERY

  1. If delivery has been made to the address which the consumer made known to KWS Seuren, but the address provided subsequently proves to be incorrect, this shall be for the account and risk of the consumer.

  2. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.

  3. If delivery of an ordered product proves to be impossible, KWS Seuren shall endeavour to make a replacement item available.

  4. The risk of damage to and/or loss of products rests with KWS Seuren until the moment of delivery to the consumer in the manner referred to in Article 4, paragraph 1 of these general terms and conditions;

  5. The risk of damage to and/or loss of products that are offered for cell replacement by the consumer rests with the consumer until the moment of delivery to KWS Seuren.


ARTICLE 11 - FORCE MAJEURE

  • In the event of force majeure, which is understood to mean all external causes, foreseen or unforeseen, as a result of which KWS Seuren is unable to fulfil its obligations, these obligations shall be suspended for the duration of the situation of force majeure.


ARTICLE 12 - PERFORMANCE OF CELL REPLACEMENT/REPAIR

  1. The consumer warrants that the product offered for cell replacement/repair already has defects or an excessive degree of degradation (a condition that is not sufficient for the consumer) at that time. In the case of cell replacement/repair there is a risk that the condition of the product may deteriorate while the inspection and/or repair is being carried out. This risk is for the consumer; KWS Seuren accepts no liability whatsoever for damage caused to the product that has been offered for cell replacement/repair.

  2. If, in the assessment of KWS Seuren, the product offered for cell replacement/repair cannot be re-celled/repaired, the consumer shall owe only an inspection fee in the amount of €95.00, or an amount to be further agreed/indexed.

  3. KWS Seuren maintains on its website a list of batteries that it cannot re-cell and repair; this list can be consulted at: https://kwsseuren.com/beyond-repair. If a type of battery as stated on this list is sent in for cell replacement/repair, KWS Seuren incurs costs in processing this order and it is entitled to charge the consumer an amount of €25.00, or an amount to be further agreed/indexed.

  4. If, within two weeks after taking note of the fact that the product offered can no longer be re-celled/repaired, the consumer notifies KWS Seuren in writing that he wishes the product to be returned, the product shall be returned to the consumer within a reasonable period. If the consumer does not give the aforementioned written notice in good time, KWS Seuren is no longer obliged to return the product offered for cell replacement/repair and it is entitled to destroy the product offered for cell replacement/repair.

  5. The consumer must at all times ensure a correct method of shipment; if KWS Seuren has made instructions for the shipment of the product known to the consumer, the shipment must take place in accordance with these instructions. KWS Seuren is in no event liable for the damage that arises during the transport to KWS Seuren of the product offered for cell replacement/repair.

ARTICLE 13 - PAYMENT AND RIGHT OF RETENTION

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the conclusion of the contract or, as the case may be, after the commencement of the cooling-off period as referred to in Article 4, paragraph 1. In the case of a contract for the provision of a cell replacement service or repair service, this period commences after the consumer has received the confirmation of the contract. These are strict deadlines (fatale termijnen); if payment in full has not been made within this period, the consumer is in default.

  2. If the consumer has not yet paid in full the costs and fees for the cell replacement service or repair service or for services or products supplied earlier, KWS Seuren is entitled to exercise the right of retention. This means that it can only be obliged to deliver the product purchased, or to return the re-celled or repaired product to the consumer, if the consumer has paid the costs and fees owed in full.

  3. The consumer has the duty to report inaccuracies in payment details provided or stated to KWS Seuren without delay.

  4. In the event of non-payment by the consumer, KWS Seuren has the right, subject to statutory restrictions, to charge the reasonable costs and interest made known to the consumer in advance.

ARTICLE 14 - COMPLAINTS PROCEDURE

  1. KWS Seuren has a complaints procedure that has been sufficiently publicised and handles the complaint in accordance with this complaints procedure.

  2. Complaints about the performance of the contract must be submitted to KWS Seuren, fully and clearly described, within 7 days after the consumer has identified the defects.

  3. Complaints submitted to KWS Seuren shall (if possible) be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, KWS Seuren shall reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for the dispute resolution procedure.

  4. In the event of complaints, a consumer must first of all turn to KWS Seuren. In the case of complaints that cannot be resolved by mutual agreement, the consumer may turn to Stichting Geschil Online (www.geschilonline.com) to have the dispute dealt with; its decision is binding and both KWS Seuren and the consumer agree to this binding decision. Costs are attached to the submission of a dispute to this disputes committee, which costs must be paid by the consumer to the committee concerned. It is also possible to register complaints via the European ODR platform (ODR Platform).

  5. A complaint does not suspend the obligations of the consumer, unless KWS Seuren indicates otherwise in writing.

  6. If a complaint is found to be well-founded by KWS Seuren, KWS Seuren shall, at its option, replace or repair the products delivered free of charge.

ARTICLE 15 - DISPUTES

  1. Contracts between KWS Seuren and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer is resident abroad.

  2. In addition to Stichting Geschil Online and the European ODR platform, the parties declare that the Dutch courts have exclusive jurisdiction to rule on disputes, also if the consumer is resident abroad. However, if KWS Seuren invokes this provision in writing, the consumer has the right, during a period of one month, to opt for settlement of the dispute by the court that has jurisdiction according to the law; after this period of one month this right lapses.