This legal text is based on Dutch legislation.
Article 1: Suitability
1.1 These general conditions (hereafter: conditions) apply to all agreements and all offers and orders of KISSES OVERSEAS (Huijbers B.V.) (hereafter KISSES OVERSEAS).
1.2 These conditions are deposited at the Chamber of Commerce in Eindhoven and can be sent to you at your demand.
1.3 Declination to these conditions is only binding when they are confirmed written by KISSES OVERSEAS. The remaining conditions remain in force unabridged.
1.4 By ordering or accepting an offer you declare to accept these conditions.
1.5 KISSES OVERSEAS can enlist middlemen or other third parties to perform your order. These conditions remain applied.
Article 2: Offers/agreements
2.1 All KISSES OVERSEAS offers are non-committal and are valid as long as it is in stock. This also counts on all offers at the website http://www.kissesoverseas.com/.
2.2 The “as long as it is in stock” part of determination 2.1 does not apply to written offers in which validity is mentioned.
2.3 Offers count only once and are not to be put in back order without written permission.
2.4 The specifications of an order are provided approximately, but don’t tie KISSES OVERSEAS.
2.5 Compounded offers and prices don’t commit KISSES OVERSEAS to deliver a part of the products mentioned in the offer for a part of the prices mentioned.
2.6 When offers and prices contain written mistakes or faults, which you reasonably could have understand, KISSES OVERSEAS can’t be adhered to these offers and prices.
2.7 An agreement with KISSES OVERSEAS can only be achieved when KISSES OVERSEAS has accepted your order.
2.8 KISSES OVERSEAS can refuse your order if necessary, or apply additional conditions to it. KISSES OVERSEAS will let you know within 10 working days after receiving your order.
2.9 Discount coupons and special offers are not exchangeable for money or other products and services than mentioned at the discount coupon or in the special offer.
Article 3: prices
3.1 The prices of our products and services are, unless explicitly differently agreed, in Euros, including V.A.T. and excluding handling- and sending costs.
3.2 The purchase price is the applied price at the day of delivery.
3.3 KISSES OVERSEAS can change the fixed prices at all times. KISSES OVERSEAS will certainly change prices when legal regulations, recipes, costs, rates, market circumstances, assortment compilation or other causes.
3.4 In case of increasing products- and services prices in between the time of ordering and carrying out your order, you can cancel your order or dissolve the agreement within 10 working days after the announcement of increasing prices, made by KISSES OVERSEAS.
Article 4: Payments
4.1 Paying the purchase price, without discounts or compensation, should be done within 8 days after your order.
4.2 Payment can occur in one of the ways specified during the ordering procedure. When paying by bank or giro the counting date of payment is the date of credit on KISSES OVERSEAS’s bank account.
4.3 Objections against possible costs and the height of the selling price don’t postpone the obligatory payment.
4.4 When called within the term of payment in 4.1 none or no complete payment has taken place, from that date concerning, the amount an interest charged of 1% per month or part of a month becomes chargeable.
4.5 If KISSES OVERSEAS has to send a summation because you didn’t pay within the term of payment in 4.1, you will be charged the amount of € 15,- excl VAT administration costs each time, besides the unpaid amounts and interest.
4.6 If you are in lack with complying with one or several obligations, all reasonable costs KISSES OVERSEAS has to make to keep their obligations, is at your expense. When this considers a money claim, you are indebted to the collection costs of 15% of the unpaid amounts, with a minimum of € 100,- excl VAT.
4.7 Besides, all higher costs made by KISSES OVERSEAS in these, come at your expense.
Article 5: Supply and delivery period
5.1 Supply of the products takes place at the location and the time on which the products are ready for sending, hereby the risk of the products pass on to you.
5.2 Supply will take place if all payment obligations are settled.
5.3 Sending will be provided by Post NL. Packages will be offered to the given address twice, after this the package can be collected at the post office. Any possible costs for not collecting the package come at your expense.
5.4 KISSES OVERSEAS will make an effort to provide the goods within the given delivery period.
5.5 The given delivery periods are an indication and apply not as fatal period. If the indicative delivery periods are exceeded, this gives no right to claim damages, dissolving the agreement, or abandoning the order.
5.6 If the delivery period has exceeded in such a way you can’t be reasonably expected to maintain the agreement, you are entitled to cancel or dissolve the agreement.
Article 6: Guarantee
6.1 KISSES OVERSEAS guarantees the provided products meet the usual requirements and standards which they can be put to.
6.2 If the supplied products can’t be put to the usual requiring and standards, you can put the intended complaints procedure in functioning.
Article 7: Protest
7.1 You need to check the goods at the moment of delivery to see if it satisfies to the usual requirements.
7.2 Possible visible shortages should be reported in writing at KISSES OVERSEAS within 7 days after receiving the goods and have to be presented mentioning ordering data, invoice- and mailing number.
7.3 Hidden defects should be reported in writing at KISSES OVERSEAS after 7 days after concluding, yet within 6 months after delivery.
7.4 If KISSES OVERSEAS concludes a delivery doesn’t apply to the agreement indeed, KISSES OVERSEAS should choose to refund the amount (if paid), or remunerate in products.
7.5 If you don’t want to receive an ordered product (without shortages), you can return the product to KISSES OVERSEAS within 14 days after delivery. The preferably unopened product, in its original package and undamaged. The costs of returning the shipment comes at your expense. We can’t receive unstamped shipments.
7.6 If you have paid for the products, KISSES OVERSEAS will refund the product’s cost price within 14 days after receiving the returned shipment (in accordance with the conditions in article 7.5).
Article 8: Liability
8.1 If goods or services provided by KISSES OVERSEAS are inadequate, our liability has been restricted to the guarantee mentioned in article 6.
8.2 KISSES OVERSEAS has no responsibility if damage is done due to criminal intent and/or gross faults and/or reproachable handling and/or judging inability and/or improper use by the consumer, or exposing the products to humidity, extreme warmth, coldness or dryness.
8.3 We have no responsibility for a misunderstanding, damages, delays or communication lacks in ordering or announcements by using computers, telephone, the internet or any other means of communication between you and KISSES OVERSEAS or between KISSES OVERSEAS and third parties, except if there’s talk of criminal intent or gross faults by KISSES OVERSEAS.
Article 9: Ownership reservation
9.1 The provided products remain property of KISSES OVERSEAS and only pass on after KISSES OVERSEAS received the complete buying price and all debts paid, based on any agreement with KISSES OVERSEAS.
9.2 As long as the complete payment of the products has not been received by KISSES OVERSEAS, you are not authorized to pawn or entirely or partially estrange the products to third parties.
Article 10: Intellectual and industrial ownership rights
10.1 Customer has to respect all intellectual and industrial ownership rights which rest on products and services provided by KISSES OVERSEAS.
10.2 KISSES OVERSEAS can not guarantee products or services provided to the customer don’t violate (unwritten) intellectual and industrial ownership rights of third parties.
Article 11: Supremacy
11.1 Supremacy mentioned in this article means when KISSES OVERSEAS can’t meet their obligations and this can’t be blamed to KISSES OVERSEAS and it gives KISSES OVERSEAS the right without judicial intervention, to postpone or entirely or partially dissolve the agreement without being held to any compensation. KISSES OVERSEAS has no responsibility for any damage if KISSES OVERSEAS is unable to apply to their obligations by causes beyond their control.
11.2 Supremacy as mentioned in 11.1 of this article includes, besides everything described below in the law and jurisprudence, also each strange cause, which KISSES OVERSEAS can’t be blamed for such as: restrictive government measures of whatever nature, war, strike, boycott and/or other company disorders at KISSES OVERSEAS and/or their suppliers, sequestration, discontinuance of production, lack raw materials, semi-finished products, aid substances and/or energy and natural disasters, fire, and revolution.
11.3 If, entering supremacy, KISSES OVERSEAS had applied to part of their agreement or still can apply, KISSES OVERSEAS shall charge this part and you should meet your obligations as if this concerns an individual agreement.
Article 12: Not complying to one’s obligations
12.1 If you don’t comply to any obligation, not swift or not considerably, KISSES OVERSEAS has the right to suspend implementation of the agreement entirely or partially, or if you still don’t considerably comply to your obligations, unilaterally dissolve the complete agreement or parts f it immediately, without being kept to any compensation, undiminished KISSES OVERSEAS’s all further belonging rights.
12.2 In case of bankruptcy, trusteeship, requested or obtained postponement of payment, KISSES OVERSEAS has the right to suspend the implementation of the agreement entirely or partially, without being kept to any compensation, undiminished any further belonging rights of KISSES OVERSEAS.
Article 13: Miscellaneous
13.1 If any determination from these conditions run counter to the appropriate right, these will expire and be replaced by a similar determination, specified by KISSES OVERSEAS.
13.2 The invalidity of a determination from these conditions will have no influence on the remaining determinations of these conditions.
13.3 If KISSES OVERSEAS has yes or no tacitly allowed deviations of these conditions during sorter or longer time, KISSES OVERSEAS still can demand direct and strict compliance with these conditions. You can’t derive rights from the fact that KISSES OVERSEAS applies or has applied these conditions smoothly.
13.4 KISSES OVERSEAS is entitled to let third parties carry out your order.
Article 14: Changes of address
14.1 Consumer is obliged to keep KISSES OVERSEAS informed of each change of address or removal in writing.
14.2 If consumer fails to do this swiftly, towards KISSES OVERSEAS one remains responsible for all obligations regarding to the articles that are sent to one’s old address.
Article 15: Appropriate right and disputes
15.1 Only the Dutch right applies to each order, offer and agreement with KISSES OVERSEAS. Possible insoluble disputes can only be presented to the competent judge in the district Eindhoven.
Article 16: Depot
16.1 The General sale conditions are deposited and lie for inspection at the Chamber of Commerce and Factories in Eindhoven.
16.2 KISSES OVERSEAS has the right to modify their general sale conditions.
16.3 At the moment of coming about an agreement the last version applies each time.
Mentioned in these general conditions
- Day: Calendar day
- Seller: kissesoverseas.com
- Owner/ entrepreneur: the natural or legal person who has instructed the Seller to deliver products or provide services.
- Products: the subject of one or more agreements.