Article 1 Applicability
1.1 In these terms and conditions, the following definitions shall apply:
– “KUUS.”: a trademark of WCMK b.v. located in Horst and registered in the trade register under number 80867677 or its affiliates;
– “product” or “products” means the products produced by KUUS. products offered or supplied for (anti)spy or gps tracking products and accessories and/or other items;
– “service” or “services”: by KUUS. services provided, including the designs for webcam covers on business orders;
– “Customer” means the (potential) buyer of KUUS’ products and/or services;
– “consumer” means a customer not acting in the course of a profession or business;
– “business customer” means a customer acting in the course of a profession or business.
1.2 These terms and conditions apply to all offers made by KUUS. and at all with KUUS. concluded agreements as well as the execution thereof.
1.3 These terms and conditions apply to the exclusion of any terms and conditions applied by the (potential) client.
Article 2 Offers, orders and agreements
2.1 All offers made by KUUS. are without obligation. Orders and acceptances of offers by the customer are irrevocable.
2.2 An agreement between KUUS. and the customer comes into effect after the customer has received all of the information provided by KUUS. provided requested information and KUUS. confirmed the order in writing or commenced execution.
2.3 Verbal promises or agreements by or with its personnel shall bind KUUS. not only if confirmed in writing by a representative employee.
2.4 Inaccuracies in the order confirmation from KUUS. should be submitted in writing to KUUS within 5 days from the date of the order confirmation. notice, failing which the order confirmation is deemed to accurately and completely reflect the agreement and the customer is bound by it.
Article 3 Information and conformity
3.1 If the products ordered by the customer are destined for use outside the Netherlands, the customer must ensure that the products and the associated packaging, manuals, etc. comply with all regulations imposed on them in the country of destination. The use of the products and compliance with government regulations is at the customer’s risk.
Article 4 Intellectual property
4.1 All intellectual and industrial property rights relating to the products and their design, and to anything that KUUS. develops, manufactures or provides, including manuals, packaging, catalogs and illustrations, belong to KUUS.
4.2 The customer is not allowed to remove or change any indication concerning patents, copyrights, brands, trade names or other rights of intellectual or industrial property from the products. The customer is prohibited from using trademarks, logos and/or images of the products in or for the purpose of advertising third-party products.
4.3 The customer may only offer, sell and deliver the products under the brand, logo and packaging used by KUUS. or its supplier has assigned to the products.
4.4 The intellectual property rights relating to the KUUS. website(s), its design and the descriptions, images, photographs, video clips and other information contained on the KUUS. website(s) in any form whatsoever belong to or have been licensed to KUUS. or an affiliate of KUUS. and may not be used without KUUS.’s permission.
Article 5 Prizes
5.1 The (purchase) price and additional costs owed by the customer for transport, VAT, (warranty) insurance and any other costs or surcharges will be clearly stated in the order confirmation and invoice of KUUS. mentioned.
5.2 The on the website of KUUS. prices listed are non-binding and subject to change.
Article 6 Delivery
6.1 Stated delivery times commence as soon as KUUS. has received the purchase price and any additional charges owed by the customer in its bank account. Delivery times are not to be considered deadlines. Exceeding delivery time obliges KUUS. not lead to compensation and does not give the customer the right not to fulfill or suspend his obligations arising from the agreement.
6.2 In addition to the possibility mentioned below in Article 12, a consumer is entitled to dissolve the agreement if and to the extent that KUUS. did not execute the agreement within 30 days of the initially stated or agreed upon delivery time. KUUS. shall not be liable for compensation in such case.
6.3 The delivery time shall be based on the working conditions prevailing at the time of the conclusion of the agreement and on timely delivery of the materials required for the fulfillment of the agreement by KUUS. required items. If as a result of a change in working conditions and/or the untimely delivery of KUUS. required items, the delivery time shall be extended to the extent necessary.
6.4 Unless the parties have expressly agreed otherwise, delivery shall take place Ex Works (Incoterms 2010). KUUS. arranges transportation to the customer. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.
6.5 The customer is obliged to take delivery of the products immediately upon arrival at the destination. At the time of delivery, risk passes to the customer.
6.6 Should a product ordered by the customer not be available (anymore) or at least not within a reasonable period of time, KUUS. If reasonably possible, supply an equivalent product to the product ordered at the same price.
6.7 If the customer does not take delivery of the products or does not come/have them picked up, they will be kept for as long as KUUS. deemed appropriate, stored at the customer’s expense and risk. KUUS. shall in such case have at all times the power either to demand fulfillment of the agreement or to dissolve the agreement (out of court), all without prejudice to its rights to compensation for damages suffered and lost profits, including the costs of storage.
6.8 KUUS. is under no obligation to honor a customer’s request for re-delivery or post-delivery. Goes KUUS. nevertheless proceed to do so, then the associated costs will be borne by the customer.
6.9 KUUS. is authorized to execute an agreement in parts and demand payment for that part of the agreement that has been executed.
6.10 Delivery of spare parts shall, unless otherwise agreed in writing, always be made cash on delivery.
Article 7 Force Majeure
7.1 If KUUS. prevented from fulfilling the agreement due to force majeure, it is entitled to suspend the performance of the agreement and, as a result, it can no longer be held to any delivery time. In this case, the customer is not entitled to compensation for damages, costs or interest.
7.2 Force majeure includes: war, danger of war, strikes, fire, flooding, accident or illness of personnel, business interruption, transport stagnation, disruptive legal provisions, import/export restrictions, by KUUS. unforeseen problems in production or transportation and any other circumstance not solely of the will of KUUS. depends on, such as the non-delivery or untimely delivery of items or services by third parties contracted by KUUS. are enabled.
7.3 In the event of a force majeure situation, KUUS. authorized to dissolve the agreement for the part not executable by a written declaration. If the force majeure situation lasts longer than 6 weeks, the customer is also authorized to rescind the agreement for the part that cannot be performed by written declaration.
7.4 If KUUS. has already partially fulfilled its obligations when the force majeure situation arises or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate agreement.
Article 8 Warranty and advertising
8.1 KUUS. guarantees the soundness of the products and services provided in accordance with what the customer may reasonably expect on the basis of the agreement and in accordance with the terms of the manufacturer’s warranty associated with the product. Should, nevertheless, defects occur in a KUUS. delivered product as a result of manufacturing and/or material defects, then it will repair (or have repaired) or replace all or part of the product in accordance with the terms of the manufacturer’s warranty.
8.2 The warranty applies during the period of the manufacturer’s warranty applicable to the product and only upon presentation of the original invoice from KUUS.
8.3 Not covered by the warranty are in any case defects that occur in or (partly) as a result of normal wear and tear, non-observance of the instructions in the manual, improper use, repair or other work by third parties or by the customer without prior written consent of KUUS. KUUS. is not liable for (damage resulting from) these defects.
8.4 The customer must carefully inspect the delivered products immediately upon receipt. Any complaint regarding the quantity of products delivered and transport damage must be noted on the waybill or delivery note upon delivery, failing which the waybill or delivery note will provide compelling evidence against the business customer that the correct quantity of products were received and that these products were received free of transport damage.
8.5 The business customer shall submit any complaints about the products or services to KUUS. submit. Competent time means a period of 30 days after the customer discovered or reasonably should have discovered the defect. Failure to complain in a timely manner shall result in the loss of rights to repair, dissolution and/or (damage) compensation.
8.6 If the customer complains, he is obliged to KUUS. provide the opportunity to conduct an inspection to determine the deficiency. The customer is obliged to place the products about which a complaint has been made at the disposal of KUUS. under penalty of forfeiting any right of claim and/or replacement.
8.7 Return to KUUS. of sold products, for whatever reason, can only take place after prior written notification by KUUS., stating the return number assigned by KUUS. and only on the basis of a return request in accordance with the return procedure described on the KUUS. website. When requesting a return, the customer must provide all information described in the return procedure. KUUS. reserves the right not to honor return requests. Shipping or transportation and all associated costs are the responsibility of the customer. The products remain at the customer’s risk at all times. KUUS. will reimburse any transportation or shipping costs approved by it if it is established that there is an attributable shortcoming on the part of KUUS.
8.8 The customer must correct any inaccuracies in invoices from KUUS. within 5 days of the invoice date in writing to KUUS. communicate, failing which the customer shall be deemed to have approved the invoice.
8.9 Claims do not suspend the payment obligations of the business customer.
8.10 After discovering a defect in a product, the customer is obliged to do everything to prevent or limit damage, expressly including any immediate cessation of use and trading.
8.11 These warranty provisions apply to the consumer in addition to the consumer’s rights under the law and if and to the extent that they may be waived.
8.12 Separate repair conditions apply to repair. To that extent KUUS. does not apply them, KUUS retains. reserves the right to require full payment of repair costs prior to delivery of the repair goods.
Article 9 Liability
9.1 The following liability provisions apply to business customers and, to the extent permitted by law, also to consumers.
9.2 Apart from the provisions of Article 8, the customer has no claims against KUUS. On account of defects in or relating to the items provided by KUUS. products or services provided.
9.3 All of the information provided on the website(s) of KUUS. advice given or notices and statements made regarding, among other things, the properties of products manufactured by KUUS. products or services to be provided are entirely without obligation and are given without any guarantee. For any direct or indirect damages resulting from information and/or advice, KUUS. not liable.
9.4 The liability of KUUS. for damages resulting from an attributable breach of contract, tort or otherwise, is excluded to the extent permitted under mandatory law.
9.5 In the event that KUUS. liable for damages under a mandatory provision of law, then the liability of KUUS. per event (a series of consecutive events is considered a single event) limited to the amount paid in the relevant case under KUUS’ liability insurance policy. is paid out.
9.6 If for any reason no payment should occur under the insurance referred to in the previous paragraph, the liability of KUUS. limited to the invoice value (excluding VAT) of the products or services provided in connection with
with which damage was caused. In all cases, the liability of KUUS. limited to compensation for direct damages up to an amount of €1,000. Direct damages shall mean only:
– material damage to property;
– reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based; and
– reasonable costs incurred in determining the cause of damage.
9.7 The liability of KUUS. for indirect damages is excluded in all cases. Indirect damages are any damages that are not direct damages as defined in the preceding paragraph, and include but are not limited to consequential damages, loss of profits, loss of business, loss of anticipated savings, loss of information, or any other financial loss or loss of goodwill or reputation.
9.8 The exclusions and limitations of this article will only not apply if and to the extent the damage was caused by intentional or deliberate recklessness of KUUS. and/or its management.
9.9 Unless fulfillment of the agreement by KUUS. is permanently impossible, the liability of KUUS. due to an attributable breach of contract only if customer KUUS. promptly in default in writing, setting a reasonable time for rectifying the deficiency, and KUUS. continues to fail imputably in the performance of its obligations even after that period. The notice of default must contain as complete and detailed a description of the deficiencies as possible so that KUUS. given the opportunity to respond appropriately.
9.10 Any claim for damages from Customer that is not specified and explicitly reported by Customer shall expire within a period of twelve (12) months after the claim arises. This does not affect the customer’s obligation to complain.
9.11 These liability provisions apply to the consumer in addition to the consumer’s rights under the law and if and to the extent that they may be derogated from.
Article 10 Retention of title
10.1 KUUS. reserves, to the extent permitted by law, ownership of the products delivered and to be delivered until its claims in respect of the products delivered and to be delivered have been paid in full by the customer, including claims for failure to perform one or more agreements.
10.2 If the business customer defaults on his obligations, KUUS. entitled to recover (or have recovered) the products belonging to it from the place where they are located at the customer’s expense.
10.3 The business customer is not entitled to pledge or transfer ownership of products not yet paid for other than in the ordinary course of business. This clause excludes the transferability of the customer’s rights of action as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.
10.4 The business customer is obliged to treat the products delivered under retention of title with due care and as recognizable property of KUUS. keep.
10.5 The business customer comes to KUUS. No right of lien on the items provided by KUUS. delivered products.
Article 11 Payment
11.1 Unless otherwise agreed upon in writing, payment for the products must be made prior to delivery and only to the address specified by KUUS. specified manner.
11.2 KUUS. has at all times the right to demand full or partial payment in advance and/or otherwise obtain security for payment from the business customer.
11.3 For the business customer, if payment is not received on time, the customer will owe interest on the invoice amount at an equal rate of 1% per month, calculated from the due date to the day of payment, without further notice of default.
11.4 All costs associated with collection shall be borne by the business customer. For the business customer, the extrajudicial collection costs are at least 15% of the amount to be collected with a minimum of EUR 250. For the consumer, the extrajudicial collection costs will be calculated in accordance with the Decree on Compensation of Extrajudicial Collection Costs (BIK).
11.5 The business customer waives any right of set-off of mutually owed amounts.
11.6 Payments in the webshop are handled by payment service provider Mollie. Your information will be shared with Mollie for payment purposes only.
11.7 The entire invoice amount shall be immediately due and payable in full in the event of failure to pay an agreed instalment on the due date, as well as if the Customer becomes bankrupt, applies for (provisional) suspension of payments, is declared subject to the statutory debt repayment arrangement (WSNP) or his receivership has been applied for, if any attachment is levied on the Customer’s goods and/or receivables, goes into liquidation or is dissolved. If any of the above situations occur, the customer is bound to KUUS. notify immediately.
11.8 Payments made by the customer shall first be applied to the costs due, then to the interest due and then to the claims that have been outstanding the longest, even if the customer states that the payment relates to another claim and/or later invoice.
Article 12 Cancellation and reflection period[PM1]
12.1 A business customer may not cancel the purchase of products. If a business customer nevertheless cancels a purchase, he shall be obliged to reimburse KUUS. for all costs reasonably incurred in view of the execution of the agreement, the loss of profit and other damages incurred by KUUS. plus VAT. The loss of profit is set at least 20% of the agreed sales price.
12.2 A consumer may modify the agreement made with KUUS. concluded agreement without giving reasons within 14 days of receiving the products. The said cooling-off period starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:
– if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. KUUS. may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of several products with different delivery times.
– if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
– for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.
12.3 If the consumer avails himself of this option of dissolution, he must do so in accordance with the information provided on the KUUS website. described procedure and through the appropriate model form to KUUS. to report. After registering the return, the consumer has 14 days to return the product.
12.4 The purchase price paid by the consumer will be refunded to the consumer within 14 days of dissolution and receipt of the products, less any depreciation in value if the customer returns the product broken or damaged. KUUS. is not responsible for the processing times used by banks in handling refunds.
12.5 KUUS. is entitled to deduct from the refundable amount any depreciation on returned products that are no longer in the condition in which they were delivered to the consumer, i.e. including original packaging, manuals and warranty certificates.
Article 13 Consumer obligations during the cooling-off period
13.1 During the reflection period, the customer will handle the product and its packaging with care. He shall unpack or use the product only to the extent necessary to determine the nature, characteristics and operation of the product, if any. The premise here is that the consumer may only handle and inspect the product as he would in a store.
Article 14 Privacy and security
14.1 KUUS. respects customer privacy. KUUS. will process the customer’s personal data in accordance with applicable privacy regulations and with the Privacy Statement posted on the KUUS website. is on display. The customer consents to this processing of his personal data. To protect the customer’s personal data, KUUS. appropriate security measures.
Article 15 Laws and regulations
15.1 Customer warrants that it will at all times use the delivered products in accordance with applicable laws and regulations. KUUS. shall never be liable for any damages resulting from Customer’s use of the delivered products in violation of applicable laws and regulations.
Article 16 Duty to complain
16.1 The buyer is obliged to report complaints about the work performed to the seller immediately. The complaint shall contain as detailed a description of the shortcoming as possible, so that Seller is able to respond adequately. The customer should make the complaint known by sending an e-mail to [email protected]. If this does not lead to a solution, it is possible for the customer to report the dispute for mediation through WebwinkelKeur Foundation at https://www.webwinkelkeur.nl/knowledge base/consumers/dispute.
16.2 As of February 15, 2016, it is also possible for consumers in the EU to file complaints through the European Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere, you are free to file your complaint through the European Union platform.
16.3 If a complaint is well-founded, the seller shall be obliged to repair and possibly replace the good.
Article 17 Final provisions
17.1 The nullity or voidability of any provision of these conditions or of agreements to which these conditions apply shall not affect the validity of the remaining provisions. KUUS. and the customer are obliged to replace provisions that are null and void or nullified with valid provisions with as much as possible the same meaning as the null and void or nullified provision.
17.2 The place of performance of the agreement is deemed to be the place where KUUS. is located.
17.3 In case of disagreement on the interpretation of these general terms and conditions, the Dutch text shall be binding.
17.4 All disputes between KUUS. and the customer will be tried exclusively by the competent court in the district of Limburg, the Netherlands, or by the Thuiswinkel disputes committee unless another court is competent on the basis of mandatory law for a dispute with the consumer. Notwithstanding this, KUUS. authorized to apply to the court of the customer’s domicile/establishment. if that residence/place of business is outside the Netherlands.
Version September 2023
[PM1]Thuiswinkel’s general terms and conditions comprehensively provide for consumers’ right of withdrawal:
Consumer obligations
Obligations of the entrepreneur
Exercise of the right of withdrawal
Exclusion of the right of withdrawal
