Article 1. Definitions
1.1. In these general terms and conditions, the following capitalized terms are used in the following sense, unless explicitly stated otherwise or the context shows otherwise:
B2B Platform: The B2B Platform is available at kimini.supply.io where Business Customers can place an order with Kimini;
Costumer: The Costumer being a natural person who is not acting in the exercise of his profession or his business;
Kimini: The user of these general terms and conditions: Toko Horstman trading under the name ” Kimini “, established at Jan Bernardusstraat 25 2L in Amsterdam, registered with the Chamber of Commerce under Chamber of Commerce number 82141355 and with the VAT number NL003645090B51;
Business Customer: The Customer being a or a natural person acting in the exercise of his profession or his business who has entered into or wishes to enter into an Agreement with Kimini:
Agreement: The agreement between Kimini and the Customer;
Product: Product to be delivered or delivered by Kimini within the framework of the Agreement;
In writing: In writing or by e-mail;
Website: The website www.kimini.nl where Customers can place an order with Kimini;
1.2. Unless the context indicates otherwise, defined terms in the singular also refer to the plural.
Article 2. General
2.1. These general terms and conditions apply to every offer from Kimini and to every Agreement between Kimini and the Customer/Business Customer.
2.2. The provisions of these general terms and conditions can only be deviated from in Writing.
2.3 Once these general terms and conditions have applied to a legal relationship between Kimini and the Customer/Business Customer, the Customer/Business Customer is deemed to have agreed in advance to the applicability of these general terms and conditions to Agreements concluded and to be concluded afterwards.
2.4 If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The void or voided provisions will be replaced by Kimini, taking into account the purpose and intent of the original provision(s) as much as possible.
2.5 If Kimini does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply or that Kimini would to any extent lose the right to demand strict compliance with the provisions of these general terms and conditions in other cases.
2.6 Kimini has the right to change these terms and conditions. The version of the general terms and conditions that applied at the time of the conclusion of the Agreement is always applicable.
2.7 These term and conditions were last changed on the 13th of October 2022.
Article 3. Offer
3.1 Any offer from Kimini is without obligation.
3.2 The offer on the Website and the B2B Platform contains a complete and accurate description of the Products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Customer/Business Customer.
3.3 Obvious errors and mistakes on the Website or the B2B Platform do not bind Kimini.
3.4 The prices on the Website include VAT and exclude shipping costs.
3.5 The prices on the B2B Platform are exclusive of VAT and including shipping costs.
3.6 Mentioned prices do not automatically apply to future orders.
3.7 The Kimini range can be changed at any time.
4.1. When using the Website and the B2B Platform, the Customer/Business Customer must act in accordance with what may be expected of a responsible and careful internet user.
4.2. The Customer/Business Customer is not permitted to circumvent or crack the security applications on the Website or the B2B Platform.
Article 5. Login by the Business Customer
5.1. To be able to place an order on the B2B Platform, the Business Customer must log in to the B2B Platform using a username and password.
5.2. The Business Customer is at all times responsible for his login details.
Article 6. Realization of the agreement
6.1. The Agreement is concluded at the moment that the Customer has successfully completed the entire ordering process via the Website.
6.2. The Agreement is concluded when the Business Customer:
- Successfully completed the entire ordering process via the B2B Platform;
- Placed an order by telephone;
- Placed an order via email.
6.3. The order can only be placed via the Website or the B2B Platform after the Customer/Business Customer has clicked that he agrees with these general terms and conditions.
6.4. After the Agreement has been concluded, Kimini will send the Customer/Business Customer a confirmation by e-mail.
Article 7. Right of withdrawal for the Customer
7.1. The Customer can dissolve the Agreement during a reflection period of a maximum of 14 days without stating reasons.
7.2. If the Customer wishes to make use of his right of withdrawal, the Customer/Business Customer must explicitly inform Kimini of this within 14 days of receipt of the entire order.
7.3. The Customer can request a return label by writing email@example.com.
7.4. Within 14 days after the Customer has requested a return label or after the Customer has notified Kimini in any other way that he invokes his right of withdrawal, the Customer must return the Product to Kimini.
7.5. If the Customer invokes his right of withdrawal, the Product and the packaging must be handled with care during the reflection period. The Customer will only unpack the Product to the extent necessary to determine the nature and characteristics of the Product. The basic principle here is that the Customer may only inspect the Product as he would be allowed to do in a store.
7.6. The Customer is liable for depreciation of the Product that is the result of a way of handling the Product that goes beyond what is permitted in Article 7.5.
7.7. When returning a Product under the right of withdrawal, the shipping costs for returning the Product will be borne by Kimini, provided the Customer uses the return label that he can request via firstname.lastname@example.org.
7.8. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests at all times with the Customer.
7.9. Kimini will refund the purchase price paid and the shipping costs paid for sending the order within 14 days after the Customer has invoked his right of withdrawal, provided that the Customer has fully complied with his obligations arising from this article. If the Customer keeps part of the order, the shipping costs paid for sending the order will not be refunded.
7.10. Kimini may withhold reimbursement until Kimini has received the Product back from the Customer.
7.11. Kimini will reimburse the Customer with the same payment method with which the Customer carried out the original transaction unless the Customer has expressly agreed to another payment method. No fees will be charged for the refund.
Article 8. Cancellation by the Business Customer
8.1. The right of withdrawal as described in Article 7 explicitly does not apply to the Business Customer.
8.2. If the Business Customer (partially) cancels an order placed, cancellation costs will be charged to the Business Customer. These cancellation costs amount to 5% of the price for the Products to which the cancellation relates.
8.3. If the Business Customer returns a Product, the shipping costs for returning it will be borne by the Business Customer.
Article 9. Performance of the Agreement
9.1. Kimini will perform the Agreement to the best of its ability and as a diligent professional practitioner.
9.2. Kimini is at all times authorized to engage one or more third parties in the execution of the Agreement without notifying the Customer/Business Customer.
Article 10. Obligations of the Customer/Business Customer
10.1. The Customer/Business Customer shall ensure that all information provided to Kimini is correct and complete.
10.2. If the information supplied by the Customer/Business Customer is incomplete and/or incorrect, this will be entirely at the expense and risk of the Customer/Business Customer.
Article 11. Delivery
11.1. The amount of the shipping costs before or at the conclusion of the Agreement will be made known to the Customer via the Website.
11.2. The order will be sent to the delivery address specified by the Customer.
11.3. Indication of a delivery time is always approximate. A stated delivery time can never be regarded as a strict deadline.
Article 12. Billing and payment
12.1. Payment for the order via the Website or the B2B Platform is made through the payment provider Stripe. The various payment options are clearly stated on the Website.
12.2. The invoice is sent to the Business Customer by e-mail.
12.3. If the Business Customer places an order invoicing will take place as follows:
- 50% when placing the order.
- 50% after delivery of the Products.
12.4. The Business Customer must pay the invoices received from Kimini within 14 days of the invoice date.
12.5. If the Business Customer does not pay the invoice on time, Kimini has the right to suspend the execution of the Agreement until the full outstanding amount has been paid. Kimini is not liable for any damage suffered by the Business Customer as a result of such suspension.
12.6. If the payment term is exceeded, the Business Customer owes default interest of 2% per month from the date on which the amount due has become due and payable until the time of payment, or the applicable statutory interest for commercial transactions if this should be higher than the aforementioned percentage. In addition, all costs of collection, both judicial and extrajudicial, are at the expense of the Business Customer. The extrajudicial collection costs are set at 15% of the principal sum with a minimum of €100.
12.7. In the event of liquidation, bankruptcy, attachment, or suspension of payment of the Business Customer, Kimini ‘s claims against the Business Customer are immediately due and payable.
12.8. Kimini has the right to have the payments made by the Business Customer go first of all to reduce the costs, then to reduce the interest and finally to reduce the principal sum of the invoice that has been outstanding the longest.
Article 13. Retention of title
13.1. All Products delivered and yet to be delivered remain the exclusive property of Kimini, until the claims referred to in Article 3:92 paragraph 2 of the Dutch Civil Code that Kimini has or will acquire against the Business Customer have been paid in full.
13.2. Prior to the transfer of ownership referred to, the Business Customer is not authorized to sell, deliver, or otherwise dispose of these Products, other than in accordance with its normal business and the normal destination of the Products.
13.3. As long as the delivered Products are subject to retention of title, the Business Customer is not authorized to pledge these Products in any way to a third party, to bring them under the actual control of a financier or to use them as a means of payment.
13.4. The Business Customer is obliged to keep the Products delivered under retention of title with due care and as recognizable property of Kimini.
13.5. Kimini has the right to inspect or have inspected the Products at any time. The Business Customer undertakes to cooperate with the aforementioned inspection, as long as the Business Customer has not fully complied with the payment obligations.
13.6. If third parties seize the Products delivered subject to retention of title or wish to establish or enforce rights thereon, the Business Customer is obliged to immediately inform Kimini thereof.
13.7. The Business Customer is obliged to immediately inform Kimini in Writing if the Business Customer is experiencing payment difficulties, the bankruptcy of the Business Customer has been requested or the Business Customer has applied for a moratorium.
13.8. In the event of attachment, suspension of payment or bankruptcy, the Business Customer will immediately point out the property rights of Kimini to the attaching party, the administrator, or the trustee.
13.9. The Business Customer must arrange for a business insurance or household insurance policy, respectively, in such a way that the Products delivered subject to retention of title are co-insured at all times and will allow Kimini to inspect the insurance policy and the associated premium payment receipts at its first request. Kimini is entitled to these tokens if the insurance is paid out.
13.10. The Business Customer must fully cooperate if Kimini invokes the retention of title and must inform Kimini of the location(s) where the Products are located and, if Products have been made available to a third party, persuade this third party to bring the Products under Kimini ‘s control.
13.11. All costs incurred by Kimini to claim and take back the Products will be borne by the Business Customer.
13.12. In the event that Kimini wishes to exercise its property rights referred to in this article, the Business Customer gives unconditional and irrevocable permission in advance to Kimini and third parties to be designated by Kimini to enter all those places where Kimini ‘s property is located and take back those Products.
13.13. Kimini is not liable for any damage, such as loss of turnover and reputational damage, which the Business Customer suffers because Kimini invokes the retention of title and takes back the delivered Products.
13.14. The provisions referred to in this article are without prejudice to the other rights accruing to Kimini.
Article 14. Conformity
13.1. Kimini guarantees that the Products comply with the Agreement, the specifications stated in the offer and with the reasonable requirements of reliability and/or usability.
Article 15. Complaints
15.1. The Customer/Business Customer must check the order immediately after delivery. In particular, the Customer/Business Customer must check:
- Whether the correct Product has been delivered
- Whether the delivered Product contains defects
- Whether the correct number of Products has been delivered
15.2. Complaints with regard to the delivered order must be made known to Kimini as soon as possible after delivery.
15.3. The Customer/Business Customer must give Kimini the opportunity to investigate a complaint.
15.4. Complaints about the delivered Product will not be handled (further) free of charge if:
- Defects are the result of injudicious use and/or careless handling of the Product while wearing the Product
- Work and/or changes and/or repairs have been carried out to the Product by the Customer/Business Customer and/or a third party
- Damage to the Product is caused by external circumstances, such as water damage, destruction, smoke, dirt, the effect of light and fire.
Article 16. Customer service
16.1. For questions about the order or submitting a complaint, the Customer/Business Customer can contact Kimini ‘s customer service. Kimini’s customer service can be reached via email@example.com.
15.2. Complaints are handled by Kimini as soon as possible.
Article 17. Force of the majority
17.1. Kimini is not obliged to fulfill any obligation under the Agreement if it is prevented from doing so by a circumstance that cannot be attributed to it by virtue of the law, a legal act or generally accepted standards. Force majeure means in any case: extreme or unexpected weather conditions; theft; fire; floods; landslide; natural disaster; terrorism; epidemics; quarantine; strikes; Production stop or Production interruption; shortages in the market; riots, wars or dangers of war; blockages; boycott; loss of or damage to Products in transit; transport difficulties; import and export barriers; hacker attack; virus infection or computer intrusion by third parties; Internet malfunction; Power failure; government measures; changes in laws and regulations.
17.2. Force majeure also includes a non-attributable shortcoming on the part of a supplier or a third party engaged by Kimini.
Article 18. Intellectual property rights
18.1. Any intellectual property right, including copyright, with regard to the Website, photos of Products, images, drawings, texts, brands, trade names, house style and logos and where it concerns information provided by Kimini to the Customer/Business Customer, remains with Kimini or its licensor. The Customer/Business Customer must respect the intellectual property rights of Kimini and its licensor at all times.
Article 19. Liability and limitation
19.1. Kimini cannot be held to compensate any damage that is a direct or indirect consequence of:
- An event that is in fact beyond his control and thus cannot be attributed to his actions and/or omissions, as described in Article 17, among other things;
- Any act or omission of the Business Customer, its subordinates or other persons employed by or on behalf of the Customer.
19.2. The colors that can be seen on the screen of the Customer/Business Customer may differ from the colors that the Product actually has. Kimini is not liable for such color deviations.
19.3. Kimini is not liable for any damage caused by temporary or permanent unavailability of the ordering option, inaccessibility or removal of the Website or the B2B Platform due to maintenance or otherwise.
19.4. Kimini is not liable for damage, of whatever nature, because Kimini has based on incorrect and/or incomplete information provided by the Customer/Business Customer, such as the Customer/Business Customer incorrectly providing a delivery address or e-mail address.
19.5. Kimini cannot be held liable in any way for the loss or misuse of the login data used by the Business Customer.
19.6. It is the Customer’s/Business Customer’s responsibility to use the Product in accordance with the purpose for which the Product is intended.
19.7. Kimini is not liable for discoloration of the Product due to the effect of light.
19.8. Kimini is never obliged to pay compensation as a result of consequential damage. Consequential damage is in any case considered to be: lost turnover, lost profit, lost savings, trading loss, business interruption, stagnation damage, delay damage, reputation damage, labor costs, fines imposed and indirect damage, regardless of their origin.
19.9. If Kimini should be liable for any damage or if an above-mentioned limitation of liability is declared inapplicable by a court, Kimini ‘s liability is limited to the amount of the payment made by Kimini ‘s insurer. If in any case the insurer does not pay out or if the damage is not covered by the insurance, Kimini ‘s liability is limited, insofar as this is not contrary to any mandatory statutory provision, to the price that the Customer has paid for the Product to which the liability relates.
19.10. Any legal claim against Kimini due to a defect in the execution of the Agreement lapses 1 year after the Business Customer has discovered or could reasonably have discovered the damage. A limitation period of 2 years applies to the Customer.
Article 20. Suspension and dissolution
20.1. Kimini is entitled to suspend the performance of the Agreement with immediate effect if:
- After the conclusion of the Agreement, Kimini has become aware of circumstances that give good grounds to fear that the Customer/Business Customer will not fulfill its obligations;
- The Customer/Business Customer has failed to fulfill one or more of its obligations towards Kimini.
20.2. Kimini is authorized to dissolve the Agreement if the Customer/Business Customer does not or does not fully comply with the obligations under the Agreement and the Customer/Business Customer has not complied with a sent notice of default. If compliance is permanently impossible, a notice of default may be omitted.
20.3. Kimini is also authorized to dissolve the Agreement if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
20.4. Kimini is authorized to dissolve the Agreement if the Customer/Business Customer applies for a moratorium or if this is granted to the Customer/Business Customer, if the Customer/Business Customer is declared bankrupt or if a request to that effect is submitted, if the Customer/Business Customer is unable to pay its debts, under guardianship or in the event of an administrator being appointed.
20.5. If Kimini suspends the execution of the Agreement or dissolves the Agreement, Kimini is not liable for any damage that the Customer/Business Customer suffers as a result.
Article 21. Expiration period
21.1. Insofar as not provided otherwise in these general terms and conditions, any right of action of the Customer/Business Customer for whatever reason vis-à-vis Kimini in connection with the execution of the Agreement will in any case expire after 1 year after the moment at which the Customer/Business Customer became aware or could reasonably have become aware of the existence of these rights.
Article 22. Applicable law and competent court
22.1. Dutch law applies to all Agreements concluded with Kimini.
22.2. All disputes in connection with Agreements between the Customer/Business Customer and Kimini will be submitted to the competent court in the district where Kimini is located. The Customer/Business Customer has 1 month after Kimini has invoked this stipulation in Writing against the Customer/Business Customer, to choose the competent court according to the law to settle the dispute.
22.3. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation