Terms of Service – KIESGEURIG

Overview

Welcome to KIESGEURIG. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to KIESGEURIG. KIESGEURIG operates this webshop and manages all related information, content, products, features, and services made available through this website (collectively, the “Services”).

Our webshop is technically hosted by Shopify, allowing us to provide the Services in a secure and reliable manner. However, any purchase agreement made through this webshop is concluded with KIESGEURIG and not with Shopify.

These Terms of Service, together with any documents referenced herein, describe your rights and obligations when visiting our website, using our Services, and placing an order. By using our Services, you agree to these Terms of Service and our Privacy Policy. If you discontinue using our Services, your agreement will no longer apply to future use.

1. Access to and Use of the Services

By using our Services, you represent that you have the legal capacity to enter into binding agreements under applicable law. If you create an account or place an order, you are responsible for providing accurate, complete, and up-to-date information, including your name, billing address, shipping address, email address, and payment details.

You are responsible for maintaining the confidentiality of your account credentials and for all activities carried out under your account. Accounts may not be transferred or shared with third parties without our prior written consent.

2. Product Information

We make every effort to ensure that product images, descriptions, specifications, and other information on this website are accurate and complete. However, colors, packaging, dimensions, and other product details may appear differently depending on your screen or device. Obvious errors, mistakes, or omissions are not binding upon us.

We reserve the right to modify or update product information, product availability, pricing, or our assortment at any time without prior notice.

3. Orders and Formation of the Agreement

An order placed through our webshop constitutes an offer to purchase. The purchase agreement is concluded only after we have accepted your order and sent you an order confirmation.

We reserve the right to refuse, cancel, or limit any order, including but not limited to cases involving incorrect customer information, suspected fraud or misuse, obvious pricing errors, or insufficient product availability.

Please review your order carefully before completing your purchase. Once an order has been confirmed, changes or cancellations may no longer be possible.

Unless otherwise agreed in writing, products offered through this webshop are intended solely for private consumers and personal or household use. We reserve the right to refuse orders that appear to be intended for resale.

4. Prices and Payment

All prices displayed on this website are stated in euros (€) and include VAT unless explicitly stated otherwise. Any shipping charges or additional costs will be clearly displayed before you complete your purchase.

We reserve the right to change prices, promotions, and discounts at any time. The applicable price is the price displayed at the time your order is placed and confirmed in your order confirmation.

By placing an order, you confirm that you are authorized to use the selected payment method. If a payment is declined, reversed, or otherwise unsuccessful, we reserve the right to suspend or cancel your order.

5. Shipping and Delivery

We aim to process and deliver all orders within the delivery timeframes stated on our website. However, delivery times are estimates only and are not guaranteed. Delays may occur due to carriers, busy periods, public holidays, or circumstances beyond our reasonable control.

The risk of loss or damage to products passes to you once the goods have been delivered to you or to a third party designated by you, unless mandatory consumer protection laws provide otherwise.

6. Right of Withdrawal and Returns

Consumers generally have the legal right to withdraw from an online purchase within 14 days without providing a reason, subject to applicable legal exceptions.

The full conditions, exceptions, return instructions, and the model withdrawal form are available in our Return & Withdrawal Policy. There you will also find information regarding return deadlines, refunds, and any reduction in value resulting from handling the products beyond what is necessary to establish their nature, characteristics, and functioning.

7. Intellectual Property

All text, images, logos, product names, designs, graphics, videos, audio, and all other content available on this website and within the Services are the property of KIESGEURIG and/or the respective rights holders or licensors.

Without our prior written permission, you may not copy, reproduce, publish, distribute, modify, exploit, or otherwise use any material from this website except for strictly personal and non-commercial purposes.

8. Third-Party Tools, Services and Links

Our Services may include links to third-party websites, plug-ins, payment providers, embedded content, or other third-party services. Your use of such services is subject to the terms and policies of the relevant third party. We are not responsible for the content, operation, availability, or accuracy of any third-party websites or services.

9. Shopify's Role

Our webshop is powered by Shopify. Shopify provides the technical infrastructure that enables us to operate our online store. However, all sales, customer service, and purchase agreements relating to orders placed through this webshop are concluded exclusively between you and KIESGEURIG. Shopify is not the seller or contractual party in relation to your purchase.

10. Privacy and Personal Data

Any personal data we collect or process through our Services is handled in accordance with our Privacy Policy. As our webshop is hosted by Shopify, certain personal data may also be processed by Shopify and its subprocessors for purposes such as hosting, payment processing, security, and website functionality.

By using our Services, you confirm that you have read and understood our Privacy Policy.

11. Reviews, Feedback and Other Submissions

If you voluntarily submit a review, rating, suggestion, idea, or other feedback to us, you grant us the right, to the extent permitted by law, to use, reproduce, publish, edit, and display such content for commercial or operational purposes.

You represent that your submissions do not infringe the rights of any third party and do not contain unlawful, misleading, offensive, or otherwise harmful content.

12. Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, delivery times, or product availability. We reserve the right to correct such errors, inaccuracies, or omissions and to cancel or amend orders where an obvious error has occurred.

13. Prohibited Use

You may not use our Services:

• for any unlawful or fraudulent purpose;
• in violation of any applicable laws or regulations;
• to infringe upon our rights or the rights of others;
• to distribute malware, viruses, or other malicious code;
• to scrape data or place an unreasonable burden on our website through automated means;
• to provide false, inaccurate, or misleading information;
• to interfere with, circumvent, or misuse our Services or systems.

If you violate these Terms, we reserve the right to restrict, suspend, or terminate your access to the Services.

14. Suspension or Termination

We may suspend or terminate your access to all or part of our Services if you breach these Terms of Service, misuse our website, or if we otherwise have legitimate grounds for doing so.

Any provisions which by their nature are intended to survive termination, including those relating to liability, intellectual property, governing law, and dispute resolution, shall remain in effect after termination.

15. Disclaimer of Warranties

To the fullest extent permitted by law, the Services and all information provided through this website are offered on an "as available" basis. Although we strive to keep the information accurate and up to date, we cannot guarantee that the Services will always be uninterrupted, error-free, secure, or complete.

Nothing in these Terms affects any mandatory consumer rights, including your statutory right to receive products that conform to the purchase agreement.

16. Limitation of Liability

Nothing in these Terms of Service excludes or limits any rights or liabilities that cannot legally be excluded or limited under applicable law.

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, loss of savings, or loss of data arising from the use of our Services or the purchase of products through this website, except where liability results from willful misconduct, gross negligence, or mandatory legal provisions.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold KIESGEURIG harmless against any claims, liabilities, damages, costs, or expenses arising from your unlawful use of the Services or your breach of these Terms of Service.

18. Severability

If any provision of these Terms of Service is found to be invalid, unenforceable, or otherwise ineffective, the remaining provisions shall remain in full force and effect. The invalid provision shall be interpreted as closely as possible to reflect its original intent and purpose.

19. No Waiver

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and our Return & Withdrawal Policy, constitute the entire agreement between you and KIESGEURIG regarding your use of the Services and supersede any prior agreements, communications, or understandings relating to the same subject matter.

21. Assignment

You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer our rights and obligations under these Terms of Service to an affiliated company or in connection with a merger, business reorganization, acquisition, or sale of assets.

22. Governing Law and Jurisdiction

These Terms of Service and all agreements between you and KIESGEURIG shall be governed exclusively by the laws of the Netherlands.

Any disputes arising out of or relating to these Terms of Service shall be submitted to the competent courts of the Netherlands, without prejudice to any mandatory rights consumers may have under applicable law to bring proceedings before another competent court.

23. Changes to These Terms of Service

We reserve the right to amend these Terms of Service from time to time. The most recent version will always be published on this page. Orders will be governed by the Terms of Service in effect at the time the order was placed, unless mandatory law requires otherwise.

24. Contact Information

If you have any questions regarding these Terms of Service or our Services, please contact us at:

KIESGEURIG
Mijlweg 59
3295 KG 's-Gravendeel
The Netherlands

Email: service@kiesgeurig.nl
Chamber of Commerce Number: 54155851
VAT Identification Number: NL851196500B01