General conditions
Terms and Conditions
Kravwinkel is the webshop of Defensivetactics krav maga training centers.
Kravwinkel acts as wholesaler for IKMF clubs in the Netherlands and does not supply products and/or services outside the Netherlands.
When IKMF students do not have the possibility to buy materials at their own club, they can turn to Kravwinkel.
Since this is an additional service to the members of Defensivetactics and members of IKMF, we do not operate full-time but part-time.
We send orders twice a week on average. One week Monday and Thursday, the other week Tuesday and Friday.
Shipping costs are always for our own account. If we as a small webshop would do inclusive, we would have to include this in the purchase price, which will make our products more expensive.
You can contact me via e-mail. I do not post phone number on the internet because of abuse by third parties.
Table of contents:
Article 1 - Definitions.
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Articele 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the withdrawal period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the trader in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
⦁ Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
⦁ Grace period: the period within which the consumer can exercise his right of withdrawal;
⦁ Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
⦁ Day: calendar day;
⦁ Digital content: data produced and delivered in digital form;
⦁ Long-term contract: a contract for the regular supply of goods, services and/or digital content during a specified period;
⦁ Durable medium: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
⦁ Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
⦁ Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
⦁ Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, in which, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication
⦁ Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
⦁ Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Defensivetactics, training, trade & services
Postal address: P.O. Box 186, 8330AD, Steenwijk
Business address: 8341TS-5
E-mail address: info@kravwinkel.nl
Chamber of Commerce number: 60525789
VAT identification number: only on request or invoice.
Article 3 - Applicability
⦁ These general terms and conditions apply to any offer of the entrepreneur and any distance contract concluded between entrepreneur and consumer.
⦁ Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate in what way the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.
⦁ If the distance contract is concluded electronically, notwithstanding 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 not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
⦁ In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.
Article 4 - The offer
⦁ If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
⦁ The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
⦁ Each offer contains such information, that for the consumer is clear what the rights and obligations are, which are attached to the acceptance of the offer.
Article 5 - The agreement
⦁ The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions stipulated thereby.
⦁ If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
⦁ If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
⦁ The entrepreneur can, within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
⦁ The entrepreneur will, at the latest when delivering the product, service or digital content to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
⦁ the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
⦁ the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
⦁ the information on guarantees and existing after-sales services;
⦁ the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
⦁ the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
⦁ if the consumer has a right of withdrawal, the model withdrawal form.
⦁ In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal.
In the case of products:
⦁ The consumer may terminate an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
⦁ The withdrawal period referred to in paragraph 1 starts 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:
⦁ if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple 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, has received the last shipment or part;
⦁ in the case of contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, received the first product.
In the case of services and digital content not supplied on a tangible medium:
⦁ The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
⦁ The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about 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 cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
⦁ If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective 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 reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be permitted to do in a store.
⦁ The consumer is only liable for depreciation of the product resulting from a manner of handling the product beyond that permitted in paragraph 1.
⦁ The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
⦁ If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
⦁ As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
⦁ The consumer returns the product clean, unused and tidy with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
⦁ The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
⦁ The consumer bears the direct costs of returning the product. If the trader indicates to bear the costs himself, the consumer does not have to bear the cost of return shipment.
⦁ If the consumer makes use of his right of withdrawal, all additional agreements are dissolved by operation of law.
Article 9 - Obligations of the trader in the event of withdrawal
⦁ If the trader enables the consumer's notification of withdrawal by electronic means, he shall send an acknowledgement of receipt of such notification without delay after receiving it.
⦁ The entrepreneur reimburses all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the delivered product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
⦁ For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
Article 10 - Exclusion of right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:
⦁ Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
⦁ Service contracts, after full performance of the service, but only if:
⦁ performance has begun with the consumer's express prior consent; and
⦁ the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
⦁ Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
⦁ Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
⦁ Products that have been irrevocably mixed with other products after delivery due to their nature;
⦁ Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Article 11 - The price
⦁ During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
⦁ Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
⦁ Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
⦁ Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a. they are the result of legal regulations or provisions; or
b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
⦁ The prices mentioned in the offer of products or services include VAT.
Article 12 - Performance of agreement and additional guarantee
⦁ 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 existing statutory provisions and/or government regulations on the date of 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, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
⦁ Extra warranty means any commitment by the entrepreneur, its supplier, importer or manufacturer 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
⦁ The trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
⦁ The place of delivery is the address that the consumer has made known to the entrepreneur.
⦁ With due observance of what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without cost.
⦁ After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
⦁ The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Article 14 - Duration transactions: duration, termination and extension
Termination:
⦁ The consumer may terminate an agreement entered into for an indefinite period of time, which extends to the regular delivery of products or services, at any time, subject to agreed termination rules and a notice period not exceeding one month.
⦁ The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of up to one month.
⦁ The consumer can terminate the agreements mentioned in the previous paragraphs:
⦁ terminate at any time and not be limited to termination at a specific time or in a specific period;
⦁ terminate at least in the same manner as they were entered into by him;
⦁ always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
⦁ A contract entered into for a definite period of time, the purpose of which is the regular delivery of products or services, may not be tacitly extended or renewed for a definite period of time.
⦁ A fixed-term contract that has been entered into for the regular supply of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with not more than one month's notice.
Duration:
⦁ If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 - Payment
⦁ Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
⦁ When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
⦁ The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
⦁ If the consumer does not comply with his payment obligation(s) on time, the consumer, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still comply with his payment obligations, after the non-payment within this 14-day period, owes the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500,=; 10% over the following € 2,500,= and 5% over the following € 5,000,= with a minimum of € 40,=. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.
Article 16 - Complaints procedure
⦁ 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 within a reasonable time after the consumer has found the defects, fully and clearly described.
⦁ Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
⦁ The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.
Article 17 - Disputes
⦁ Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Article 18 - Additional or different provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.