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Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the trader in the event of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and extra warranty

Article 13 – Delivery and execution

Article 14 – Open-ended contracts: duration, termination, and renewal

Article 15 – Payment

Article 16 – Complaints Procedure

Article 17 – Disputes

Article 18 – Additional or differing provisions

Article 1 – Definitions

These terms and conditions shall mean:

1.     Supplemental agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

2.     Reflection periodthe period within which the consumer can exercise their right of withdrawal;

3.     Consumerthe natural person who is not acting for purposes relating to their trade, business, craft, or profession;

4.     Hellocalendar day;

5.     Digital contentdata produced and supplied in digital form;

6.     Duration agreementan agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;

7.     Sustainable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;

8.     Right of withdrawalthe consumer's right to withdraw from the distance contract within the cooling-off period;

9.     Entrepreneurthe natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;

10.   Distance contractan agreement concluded between the trader and the consumer within the framework of an organized system for the distance selling of products, digital content and/or services, up to and including the conclusion of the agreement making exclusive or joint use of one or more techniques for distance communication;

11.   Model withdrawal formthe European model withdrawal form included in Annex I of these terms and conditions;

12.  Remote communication technologymeans that can be used for the conclusion of an agreement, without the consumer and the business having to be simultaneously present in the same room.

Article 2 – Identity of the entrepreneur

Liesbeth Stut, owner of Kèk Women & Studio Kèk 

Stationsweg 87, 1851 LJ Heiloo & Stationsweg 85A, 1851 LJ Heiloo

Phone number: 072 5090662 Kèk Women available from Tue. to Sat. from 9:30 AM to 5:30 PM

Phone number: 072 2010157 Studio Kèk reachable from Tue. to Sat. from 9:30 AM to 5:30 PM

Kèk Women & Studio Kek email: info@kekwomen.nl

Chamber of Commerce number: 63342154 

VAT identification number: NL002121704B60

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every concluded distance contract 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 reasonably not possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible upon the consumer's request.

3. If the distance contract is concluded electronically, by way of derogation from 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 stored by the consumer in a simple manner on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Apparent mistakes or obvious errors in the offer are not binding on the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.

2. If the consumer has accepted the offer by electronic means, the trader shall promptly confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.

4. Within the legal framework, the business may ascertain whether the consumer is able to meet his payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this assessment, the merchant has good grounds not to enter into the contract, the merchant is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its performance.

5. The entrepreneur shall provide the following information to the consumer, no later than upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

  1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;

  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

  3. the information on warranties and existing after-sales service;

  4. the price of the product, service, or digital content inclusive of all taxes; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;

  5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period;

  6. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may dissolve an agreement for the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige them to state their reason(s).

2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

  1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may refuse an order for multiple products with a different delivery time, provided that they have informed the consumer of this in a clear manner prior to the ordering process.

  2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

  3. for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer may dissolve a service agreement and an agreement for the supply of digital content which is not supplied on a tangible medium for at least 14 days without stating reasons. The trader may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).

4. The reflection period mentioned in paragraph 3 shall commence on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original withdrawal period determined in accordance with the previous paragraphs of this article.

6. If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months of the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.

2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way other than allowed in paragraph 1.

3. The consumer is not liable for any depreciation of the product if the trader has not provided them with all legally required information regarding the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and its costs

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur of this within the reflection period by means of the model withdrawal form or in another unambiguous manner.

As quickly as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (a person authorized by) the trader. This is not necessary if the trader has offered to collect the product themselves. In any event, the consumer has observed the return period if they return the product before the cooling-off period has expired.

3. The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that they will bear the costs themselves, the consumer is not required to bear the costs for return.

6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water, or electricity—which have not been prepared for sale in a limited volume or specific quantity—begin during the cooling-off period, the consumer owes the business an amount proportional to that part of the obligation that the business has fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.

7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

  1. the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;

  2. the consumer has not expressly requested the commencement of the performance of the service or the delivery of gas, water, electricity, or district heating during the cooling-off period.

8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

  1. he did not expressly consent prior to the delivery thereof to the commencement of the performance of the agreement before the end of the cooling-off period;

  2. he has not acknowledged that he loses his right of withdrawal upon giving his consent; or

  3. The business owner failed to confirm this statement from the consumer.

9. If the consumer exercises his right of withdrawal, all ancillary agreements are automatically terminated.

Article 9 – The Merchant’s Obligations in the Event of Cancellation

1. If the merchant allows the consumer to submit a notice of withdrawal electronically, the merchant must send a confirmation of receipt without delay upon receipt of such notice.

2. The merchant shall refund all payments made by the consumer, including any shipping costs charged by the merchant for the returned product, without delay but no later than 14 days following the day on which the consumer notifies the merchant of the cancellation. Unless the merchant offers to pick up the product themselves, they may delay the refund until they have received the product or until the consumer provides proof that they have returned the product, whichever occurs first.

3. The entrepreneur shall use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

4. If the consumer has chosen a delivery method that is more expensive than the least expensive standard delivery option, the merchant is not required to refund the additional costs associated with the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The business may exclude the following products and services from the right of withdrawal, but only if the business has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract:

1. Products or services whose price is subject to fluctuations in the financial market over which the business has no control and that may occur within the withdrawal period;

2. Contracts concluded during a public auction. A public auction is defined as a method of sale in which products, digital content, and/or services are offered by the business to a consumer who is physically present or is given the opportunity to be physically present at the auction, presided over by an auctioneer, and in which the winning bidder is obligated to purchase the products, digital content, and/or services;

3. Service Agreements, after the service has been fully performed, but only if:

  1. performance has begun with the consumer's express prior consent; and

  2. The consumer has stated that he loses his right of withdrawal as soon as the business has fully performed the contract;

4. Package tours as defined in Article 7:500 of the Dutch Civil Code and contracts for the transportation of persons;

5. Service agreements for the provision of accommodations, where the agreement specifies a particular date or period of performance and is not for residential purposes, freight transport, car rental services, or catering;

6. Contracts relating to recreational activities, if the contract specifies a particular date or period for their performance;

7. Products manufactured according to the consumer’s specifications, that are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or that are clearly intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

10. Products that, by their very nature, have been irrevocably mixed with other products after delivery;

11. Alcoholic beverages for which the price was agreed upon at the time the contract was concluded, but which cannot be delivered until 30 days later, and whose actual value depends on market fluctuations over which the business has no control;

12. Sealed audio and video recordings and computer software whose seals have been broken after delivery;

13. Newspapers, periodicals, or magazines, excluding subscriptions to them;

14. The supply of digital content other than on a tangible medium, but only if:

  1. performance has begun with the consumer's express prior consent; and

  2. The consumer has stated that by doing so, he forfeits his right of withdrawal.

Article 11 – The price

1. During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

2. By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.

4. Price increases effective 3 months or more after the agreement is entered into are permitted only if the business has stipulated this and:

a. result from statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement effective as of the day the price increase takes effect.

5. The prices listed in the product or service offerings include VAT.

Article 12 – Performance of the agreement and extra warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the statutory rights and claims that the consumer may assert against the entrepreneur pursuant to the agreement if the entrepreneur has failed to fulfill their part of the agreement.

3. Additional guarantee is understood to mean any commitment by the entrepreneur, its supplier, importer, or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

Article 13 – Delivery and execution

1. The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.

2. The place of delivery is considered to be the address that the consumer has made known to the entrepreneur.

3. Subject to what is stated thereon in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due promptness, but at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery experiences a delay, or if an order cannot be executed or can only be executed partially, the consumer shall receive notification thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to potential compensation for damages.

4. Following dissolution pursuant to the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.

5. The risk of damage and/or loss of products shall remain with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Open-ended contracts: duration, termination, and renewal

Cancellation:

1. The consumer may at any time terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of at most one month.

2. The consumer may at any time terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services by the end of the specified term, subject to agreed termination rules and a notice period of at most one month.

3. The consumer may, with regard to the agreements referred to in the previous paragraphs:

- cancel at any time and not be restricted to cancellation at a specific time or during a specific period;

– at least terminate in the same manner as they were entered into by him;

– always cancel with the same notice period that the entrepreneur has stipulated for themselves.

Extension:

4. 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 fixed duration.

By way of derogation from the previous paragraph, an agreement concluded for a definite period and which extends to the regular delivery of daily newspapers, newsapers, weeklies, and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of at most one month.

6. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month. The notice period is at most three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news- and weekly newspapers and magazines.

7. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period has expired.

Duration:

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness dictate otherwise regarding termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise provided in the agreement or additional terms, the amounts owed by the consumer shall be paid within 14 days after the cooling-off period has commenced, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.

2. When selling products to consumers, the general terms and conditions may never require the consumer to make an advance payment exceeding 50%. If advance payment is stipulated, the consumer may not assert any rights regarding the fulfillment of the relevant order or service(s) until the stipulated advance payment has been made.

3. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

4. If the consumer fails to meet his payment obligation(s) on time, then—after the business has notified the consumer of the late payment and has granted the consumer a 14-day period to fulfill his payment obligations— if payment is not made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount, and the business shall be entitled to charge the extrajudicial collection costs it has incurred. These collection costs shall not exceed: 15% on outstanding amounts up to €2,500; 10% on the next €2,500, and 5% on the following €5,000, with a minimum of €40. The business may deviate from the aforementioned amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual consultation within a reasonable period or within 3 months of the complaint being submitted, a dispute shall arise that is subject to the dispute resolution scheme.

Article 17 – Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or differing provisions

Additional provisions or provisions that deviate from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.