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Terms and Conditions House of Kitchen
Terms and conditions based on the model terms of the WebwinkelKeur Foundation.
Table of Contents
In these terms and conditions, the following definitions apply:
1. Cooling-off period: The period within which the consumer can exercise their right of withdrawal; read more about the cooling-off period.
2. Consumer: A natural person who is not acting in the exercise of their profession or business and enters into a distance contract with the entrepreneur;
3. Day: Calendar day;
4. Extended transaction: A distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
5. Durable data carrier: Any medium that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period.
7. Model form: The model withdrawal form provided by the entrepreneur, which the consumer can complete when they wish to exercise their right of withdrawal.
8. Entrepreneur: The natural or legal person offering products and/or services remotely to consumers.
9. Distance contract: An agreement in which, as part of a system organized by the entrepreneur for the remote sale of products and/or services, communication leading up to the conclusion of the contract takes place exclusively via one or more remote communication techniques;.
10. Remote communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being in the same location simultaneously.
11. General Terms and Conditions: These present General Terms and Conditions of the entrepreneur.
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed, and they will be sent to the consumer free of charge upon request as soon as possible.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically, and they will be sent electronically or otherwise free of charge upon the consumer’s request.
4. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In case of conflicting conditions, the consumer may always rely on the most favorable provision.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remaining agreement and conditions shall remain in effect. The void or annulled provision shall be replaced in mutual consultation with a provision that best approximates the intent of the original provision.
6. Situations not covered by these general terms and conditions must be assessed in accordance with the "spirit" of these terms and conditions.
7. Uncertainties regarding the interpretation or content of one or more provisions in these terms and conditions must be interpreted in accordance with the "spirit" of these terms and conditions.
1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer..
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they will be a true representation of the offered products and/or services. Apparent mistakes or errors in the offer are not binding on the entrepreneur.
4. All images, specifications, and details in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
5. Images of products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.
6. Each offer contains sufficient information to make it clear to the consumer what their rights and obligations are upon accepting the offer. This particularly concerns:
1. The agreement is established at the moment the consumer accepts the offer and meets the associated conditions, subject to the provisions of paragraph 4.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of this acceptance electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within legal limits, assess whether the consumer can meet their payment obligations, as well as any other relevant facts and factors for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or application with justification or attach special conditions to its execution.
5. The entrepreneur will provide the consumer with the following information along with the product or service, either in writing or in a way that allows the consumer to store it accessibly on a durable medium:
For the delivery of products:
1. When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the consumer, or a representative designated by the consumer and communicated to the entrepreneur, receives the product.
2. During the reflection period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product, including all accessories and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer can do this using the standard withdrawal form or another means of communication, such as email. After notifying the entrepreneur of the intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the product has been returned on time, for example, by providing a shipping receipt.
4. If the customer has not communicated their intention to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
In the case of services:
1. When purchasing services, the consumer has the right to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement was concluded.
2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.
1. If the consumer exercises their right of withdrawal, they will only be responsible for the costs of returning the product.
2. If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return has been provided. The refund will be made using the same payment method that the consumer used unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer will be liable for any depreciation in value.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.
1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least before the conclusion of the agreement.
2. The right of withdrawal can only be excluded for products:
3. Exclusion of the right of withdrawal is only possible for services:
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if they are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
3. Price increases within three months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
5. The prices stated in the offer for products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use beyond normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two weeks of delivery. The return of the products must be done in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
1. The entrepreneur will take the utmost care when processing product orders and evaluating service requests.
2. The delivery address will be the one provided by the consumer to the company.
3. Unless stated otherwise in section 4 of this article, the company will process accepted orders as quickly as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If a delivery is delayed, or if an order cannot be fulfilled in full or at all, the consumer will be informed within 30 days of placing the order. In such cases, the consumer has the right to cancel the contract at no cost. However, the consumer is not entitled to any compensation.
4. All delivery times are estimates. The consumer cannot derive any rights from the stated timeframes. Exceeding a delivery period does not entitle the consumer to compensation.
5. If the contract is canceled under section 3 of this article, the entrepreneur will refund any payment made by the consumer as soon as possible, but no later than 14 days after the cancellation.
6. If delivering the ordered product is impossible, the entrepreneur will make an effort to provide a suitable replacement. The consumer will be clearly informed at the time of delivery if a substitute item is being provided. The right of withdrawal cannot be excluded for replacement products, and if the consumer chooses to return the item, the return shipping costs will be covered by the entrepreneur.
7. The risk of damage or loss of products remains with the entrepreneur until they are delivered to the consumer or to a representative designated by the consumer, unless explicitly agreed otherwise.
Termination
1. The consumer may terminate an agreement of indefinite duration that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and with a notice period of no more than one month.
2. The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to the agreed termination rules and with a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:
Renewal
1. A fixed-term agreement for the regular delivery of products (including electricity) or services cannot be automatically renewed or extended for a fixed period.
2. However, an exception applies to fixed-term agreements for the regular delivery of daily, news, and weekly newspapers or magazines. These may be automatically renewed for a maximum of three months, provided that the consumer can cancel the renewed agreement at the end of the extension with a notice period of no more than one month.
3. A fixed-term agreement for the regular delivery of products or services can only be automatically renewed for an indefinite period if the consumer has the right to cancel at any time with a notice period of no more than one month. If the agreement concerns the delivery of daily, news, or weekly newspapers and magazines less frequently than once a month, the notice period may be up to three months.
4. A limited-term agreement for the introductory delivery of daily, news, or weekly newspapers and magazines (such as a trial or introductory subscription) will not be automatically renewed and will end automatically at the conclusion of the trial or introductory period.
Duration
1. If an agreement lasts for more than a year, the consumer has the right to terminate it at any time after the first year, with a notice period of no more than one month. However, this does not apply if it would be unreasonable or unfair to allow cancellation before the agreed-upon term ends.
1. Unless otherwise agreed, the consumer must make the required payment within seven business days after the start of the cooling-off period, as outlined in Article 6, paragraph 1. For service agreements, this period begins once the consumer receives confirmation of the agreement.
2. The consumer is responsible for promptly reporting any errors in the provided or stated payment details to the entrepreneur.
3. If the consumer fails to make the payment on time, the entrepreneur has the right—within legal limits—to charge reasonable costs that were clearly communicated to the consumer in advance.
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
2. Consumers must submit complaints regarding the execution of the agreement to the entrepreneur within two weeks after discovering the issue. The complaint should be described clearly and in full.
3. The entrepreneur will respond to complaints within 14 days of receiving them. If a complaint requires a longer processing time, the entrepreneur will provide an acknowledgment within 14 days along with an estimated timeframe for a more detailed response.
4. If the complaint cannot be resolved through mutual agreement, it will be considered a dispute subject to dispute resolution.
5. Consumers should first contact the entrepreneur regarding complaints. Additionally, complaints can be submitted through the European ODR platform (http://ec.europa.eu/odr). The web store is not currently affiliated with a dispute resolution committee.
6. Filing a complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
7. If the entrepreneur deems the complaint valid, they will either replace or repair the delivered product free of charge.
Any agreements between the entrepreneur and the consumer that fall under these terms and conditions are governed exclusively by Dutch law, even if the consumer resides abroad. The Vienna Sales Convention does not apply.
Any additional provisions or deviations from these terms and conditions must not disadvantage the consumer. They must be documented in writing or presented in a way that allows the consumer to store them on a durable medium for easy access.
ou have the right to cancel your order within 14 days of receiving it, without providing a reason. After canceling, you have an additional 14 days to return the product. Once we receive your return, you will be refunded the full order amount, including shipping costs. However, the return shipping costs from your home to our webshop will be your responsibility. You may return the item using any shipping company of your choice. Alternatively, you can return the item yourself, but please notify us in advance and use the withdrawal form.
If you choose to exercise your right of withdrawal, the product must be returned with all accessories included and, if reasonably possible, in its original condition and packaging. To initiate a return, please contact us at support@house-of-kitchen.com. We will process your refund within 14 days of receiving your return request, provided the product has been received in good condition.
To ensure a smooth return process, please notify us of your return via email at support@house-of-kitchen.com, attaching the completed return form. Additionally, please include the tracking code (T&T code) of your return shipment and place a printed copy of the return form inside the return package. This is essential for proper receipt of your return and to ensure a fast refund process.
Please note: The right of withdrawal does not apply to the following products:
a. Products that have been custom-made according to the consumer’s specifications.
b. Products that are clearly personal in nature.
c. Products that, due to their nature, cannot be returned.
d. Items that are specially produced for you, such as those with non-standard faucet holes or other custom modifications.
e. Products whose prices are subject to fluctuations in the financial market that the entrepreneur has no control over.
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