Terms and Conditions

Article 1 – Definitions
In these conditions the following definitions apply:
● Reflection period: the period within which the consumer can make use of his
right of withdrawal;
● Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
● Day: calendar day;
● Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
● Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unchanged reproduction of the stored information;
● Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
● Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
● Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement. ;
● Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time;
● General Terms and Conditions: the present General Terms and Conditions of the
entrepreneur.

Article 2 – Identity of the entrepreneur
Kumukela
E-mail address: info@kumukela.nl
Address: Korenbloemveld 13, 2492LK in The Hague
Chamber of Commerce number: 87117703
VAT identification number: NL004360591B81

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. is. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer
The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:

● The price includes taxes;
● Any shipping costs;
● The manner in which the agreement will be concluded and what actions
are necessary for this;
● Whether or not the right of withdrawal applies;
● The method of payment, delivery and execution of the agreement;
● The period for acceptance of the offer, or the period within which the
entrepreneur guarantees the price;
● The amount of the rate for remote communication if the costs of the
use of the technology for distance communication is calculated on a
basis other than the regular basic rate for the means of communication used;
● Whether the agreement is archived after conclusion, and if so, how it can be consulted by the consumer;
● The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
● Any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
● The codes of conduct to which the entrepreneur has submitted and the manner in which this is done
on which the consumer can consult these codes of conduct electronically;
● The minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement. 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. The visiting address of the entrepreneur's branch where the consumer can go with complaints;
b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. The information about warranties and existing after-sales service;
d. The information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the products will be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for certain products and services, provided he clearly states this in the offer and this is done before the agreement is concluded. Exclusion of the right of withdrawal is only possible for products and services that:

a. Are tailor-made according to the consumer's specifications;
b. are personal in nature and cannot be returned;
c. Can spoil or age quickly;
d. Are subject to fluctuations in the financial market over which the entrepreneur has no influence;
e. Loose newspapers, magazines or products with a seal that
the consumer has disconnected;
f. Hygienic products for which the consumer has broken the seal;
g. Concerns services that have already started with the express consent of the consumer before the cooling-off period has expired;
h. Relate to accommodation, transport, restaurant business or leisure activities and are delivered on a specific date or time.

Article 9 – The price
During the period of validity stated in the offer, the prices of the
products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. These are the result of legal regulations or provisions;
b. The consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the requirements
agreement and the specifications as stated in the offer. The products and/or services also meet the reasonable requirements of reliability and usability, and the legal provisions and government regulations that apply on the date of conclusion of the agreement. If specific agreements have been made about the use of the product for purposes other than normal use, the entrepreneur also guarantees that the product is suitable for these other purposes. Any guarantees provided by the entrepreneur, manufacturer or importer do not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. When returning the products, this must be in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, it is important to note that the entrepreneur is not 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. The warranty does not apply in the following cases:

● If the consumer has repaired and/or edited the delivered products himself, or has had them repaired and/or edited by third parties;
● If the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly, or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
● If the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products. The place of delivery is the address that the consumer has communicated to the company. Accepted orders will be executed expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed and the consumer has agreed to this. If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will notify this no later than within 30 days after receiving the order.
placed order, received message. In that case, the consumer has the right to terminate the agreement without costs and to claim any damages. In the event of dissolution, the entrepreneur will refund the amount paid as soon as possible, but no later than within 14 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise agreed.

Article 12 – Duration transactions: duration, cancellation and extension
Termination:
● An indefinite-term agreement that extends to the regular supply of products (including electricity) or services can be canceled by the consumer at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
● A fixed-term agreement that extends to the regular supply of products (including electricity) or services can be canceled at any time towards the end of the fixed term, taking into account the agreed cancellation rules and a notice period of no more than one
month.
● The consumer can cancel the aforementioned agreements at any time and is not limited to cancellation at a certain time or in a certain period.
● Cancellation can take place in the same manner as the agreement
entered into.
● The notice period for the consumer is equal to the notice period that the entrepreneur has negotiated for himself.
Extension:
● A fixed-term agreement that extends to the regular delivery of
products (including electricity) or services may not be tacitly extended or renewed for a certain period.
● A fixed-term agreement that extends to the regular supply of daily, news and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
● A fixed-term agreement that extends to the regular delivery of
products or services, may only be tacitly for an indefinite period
extended if the consumer may cancel at any time with a notice period of
a maximum of one month and a notice period of a maximum of three months if the agreement extends to regular, but less than once a month.

Article 13 – Payment
Unless otherwise agreed, the amounts due must be paid by the consumer within 7 working days after the commencement of the cooling-off period, as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur. If the consumer fails to pay, the entrepreneur reserves the right, subject to legal restrictions, to charge the reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects. The entrepreneur will respond to the complaint submitted to him within 14 days of receipt of the complaint. If the complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment 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 subject to the dispute settlement procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If the complaint is found to be justified by the entrepreneur, the entrepreneur has the option, at his own discretion, to replace or repair the delivered products free of charge.

Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.