Present General Conditions are used by:
Total eCommerce
Van Nelleweg 1
3044 BC Rotterdam
Registered in the company register with the Chamber of Commerce in Rotterdam
with number 24275452 The BTW-number (Dutch VAT) of Total eCommerce is:
NL800042876B01
Total eCommerce can be reached by phone at phone number 0031102436016 And
moreover within reach by e-mail, by sending an e-mail to shop@karlkani.com
Article 1 Definitions
In these General Conditions used words, singular or plural, that start with a
capital letter, have the meaning of the italic words as defined underneath in
this article.
1.1 General Conditions: present general conditions.
1.2 Order procedure: The procedure that the Customer goes through in an
interactive way at the Website on ordering Products.
1.3 Customer: the other party of Total eCommerce with whom Total eCommerce
enters into a Contract.
1.4 Contract: contract of which the General Conditions are an integral part of
concerning the sale and delivery of Products.
1.5 Parties: Total eCommerce and Customer together.
1.6 Total eCommerce: the party that operates the General Conditions, also
opposing party of Customer.
1.7 Website: the website of Total eCommerce, to be found under the URL
http://www.karlkani.com
1.8 Products: Items that Total eCommerce offers on her Website, which
Customer can order.
Article 2 Appropriateness
2.1 The General Conditions are applicable to all Contracts, possible (e-mail)
newsletters, the Website, the Order procedure as well as contacts and / or
(juristic) acts between Parties, also when these (juristic) acts could not lead
to a Contract.
2.2 Appropriateness of general delivery or payment conditions and / or other
general or special conditions of Customer are expressly exclusive
Article 3 Realization Contract
3.1 The Products as offered on the Website with accompanying prices are an offer
without obligations, which can be accepted by Customer by going through and
completing the entire Order procedure.
3.2 Total eCommerce does not guarantee that the offer as referred to before is
without mistakes and / or omissions. Misprints are expressly reserved and can
be a reason for not accepting the Contract. If Total eCommerce decides so,
she will immediately inform the Customer of this.
3.3 If the Contract is not established or disbanded, for what reason so ever,
under which is included the situation as referred to in the preceding
subsection, Total eCommerce bears the responsibility for any paid amounts to the Customer as soon as is
possible for Total eCommerce, including the initial shipping costs. This refund
will at least take place within 30 (Thirty) days.
Article 4 Prices and payment
4.1 Prices as stated on the Website are inclusive VAT, as well as inclusive
other enforced levies as stipulated by the authorities. The prices are
exclusive shipping costs. The Customer will be charged for these during the
Order procedure.
4.2 Total eCommerce is authorized to adjust the prices at any time. With price
changes, the latter has no consequences for current Contracts, which will be
executed for the prices that were agreed upon.
4.3 The due amounts can be paid by the Customer in four ways:
a. by means of electronic prepayment (iDeal)
b. by means of prepayment with Sofortuberweisung (Germany)
c. by means of a creditcard;
Article 5 Delivery period
5.1 The delivery periods as stated on the Website as well as in confirmation
e-mails are indicative.
5.2 Total eCommerce will make a supreme effort to achieve these indicative
stated delivery periods.
5.3 If and as far as Total eCommerce cannot deliver the ordered Products to
Customer within 30 (Thirty) days, the Customer has the right to cancel the
Contract, after Total eCommerce has informed the Customer of not being able to execute the Contract
within the stated period. Then, Article 3.3 is app;icablein accordance.
Article 6 Revocation right
6.1 The Customer has the right to return the delivered Products to Total
eCommerce within seven (7) weekdays after receipt, without providing reasons
(so without having to fill in the complaint form as stated in article 7.1)
provided that:
a. the Products are returned at the expense of the Customer, insufficiently
stamped packages will not be accepted by Total eCommerce;
b. the Customer itself is fully responsible for the way of shipment and for the risk
of the package –and this responsibility and the risk herewith is accepted by
Customer- until Total eCommerce received it.
6.2 The revocation counts as disbanding value whereby the Customer has the
right to refund of which is already paid. With revocation, article 3.3 is in
accordance application.
Article 7 Complaints
7.1 If and as far as the Customer believes the characteristics of the Products
do not satisfy the Contract, the Customer will contact Total eCommerce, after
which Customer has the right to return the Products to Total eCommerce provided
that:
a. Customer has inspected the delivered after receipt and reported possible
defects by e-mail or contact form (shop@karlkani.com) to Total eCommerce within
a qualified period. After receiving this e-mail Total eCommerce will confirm
the receipt of the e-mail to the customer;
b. the complaint form, which can be requested/downloaded on the website
www.karlkani.com, is filled in completely and send by e-mail to shop@karlkani.com.
c. the Products are returned at the expense of the Customer, insufficiently
stamped packages will not be accepted by Total eCommerce;
d. the Customer itself is responsible for the way of shipment and for the risk
of the package –and this responsibility and the risk herewith is accepted by
Customer- until Total eCommerce received it.
7.2 If investigation carried out by Total eCommerce proves that the Products does
comply with the Contract, Total eCommerce will inform Customer.
7.3 If investigation of Total eCommerce indeed proves that the characteristics
of the Products do not comply with the Contract, the Customer has the right to
a substitute product, if still available, and refund of the normal standard shipping costs as
stated under b of article 7.1. Might the substitute product not be available,
the Customer has the right to:
a. selecting a substitute product of the same, or higher value as the Product which did
not turn out to be satisfactory, If the selected product is more expensive than
Product which did not turn out to be satisfactory, the Customer will contribute
the difference in price, if the selected product is cheaper than the Product that
did not turn out to be satisfactory, the Customer will receive the difference
in price, where the last sentence of article 3.3 is in accordance;
b. refund of the value of the Product which counts as (partial) annulment of
the Contract, where the last sentence of article 3.3 is applicable in accordance.
7.4 When speaking of the value of the Product in the preceding subsection, this refers to the
price that is agreed upon in the Contract.
7.5 During the period as stated in article 6.1, the Customer may also use the
,right as given in that article. However in case of a complaint, a filled-in complaint form
is required.
Article 8 Processing Personal Data
8.1 If and as far as personal data of Customer is processed, this processing is
merely used for:
a. executing and giving shape to the Contract;
b. and is subject to the limitation of the following subsection, informing the
Customer of (new) Products and services of Total eCommerce
8.2 For sending commercial expressions via electronic way to Customers (for
example, but not exclusively, e-mail newsletters and SMS messages) as stated in
preceding subsection under b, the Customer is asked for permission during the
Order procedure, and only when this permission is given by the Customer, Total
eCommerce will send these expressions.
8.3 The Customer has the right to inspect her personal data free of charge and
at all times and permits Total eCommerce to adjust these data if required when
inaccuracies occur.
Article 9 Applicable law, complaints and disputes
9.1 The Dutch legislation is applicable to the Contract and to Contracts
resulting from this.
9.2 If and as far as a complaint occur, the Customer contacts Total
eCommerce, which contact can be executed by telephone, in writing and electronic.
The contact data which can be used for this are given at the top of present
General Conditions. Total eCommerce will react to a complaint not later than
within 30 (Thirty) days.
9.3 Customer can present the dispute –if and as far as Parties cannot solve the
dispute themselves- to a competent judge in Rotterdam, under which is included the
provisionary judge of this District Court, adjudicating in an interlocutory
proceeding.
Article 10 Other stipulations
10.1 Total eCommerce is authorized to adjust present General Conditions at all
times. After change of the General conditions, current Orders will
be executed with the old conditions that was agreed upon.
10.2 If and as far as Total eCommerce provided log in data for the Order
procedure, the Customer bears full responsibility for these data. These
data are strictly personal and may not be assigned under any circumstances. The
Customer himself is responsible for the for the consequences of the carelessness in handling of
these data.