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Allgemeine Geschäftsbedingungen

AGB | Kings Of Indigo

Nutzungsbedingungen

E-mail: support@kingsofindigo.com
Website: kingsofindigo.com

Definitions

  1. Kings Of Indigo: Kings Of Indigo BV., established in Amsterdam, NL, Chamber of Commerce no. 88563316.
  2. Customer: the party which Kings Of Indigo has entered into an agreement with.
  3. Parties: Kings Of Indigo and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Kings Of Indigo. 
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by Kings Of Indigo are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Kings Of Indigo is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 
  3. Increases in the cost prices of products or parts thereof, which Kings Of Indigo could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

Right of recovery of goods 

  1. As soon as the customer is in default, Kings Of Indigo is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
  2. Kings Of Indigo invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Kings Of Indigo, unless the parties agree to make other arrangements about this. 
  4. The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
  • the product has not been used
  • it is not a product that can spoil quickly, like food or flowers
  • the product is not specially tailored for the consumer or adapted to its special needs
  • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
  • the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
  • the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
  • the product is not a separate magazine or a loose newspaper
  • the consumer has not renounced his right of withdrawal

2. The cooling-off period of 14 days as referred to in paragraph 1 commences:

  • on the day after the consumer has received the last product or part of 1 order
  • as soon as the consumer has received the first the product of a subscription
  • as soon as the consumer has confirmed the purchase of digital content via the internet

3. The consumer can notify his right of withdrawal via  support@kingsofindigo.com, if desired by using the withdrawal form that can be downloaded via the website of Kings Of Indigo, kingsofindigo.com.

4. The consumer is obliged to return the product to Kings Of Indigo within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse. 

Reimbursement of delivery costs

  1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Kings Of Indigo will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Kings Of Indigo in time. 
  2. The costs for return are only reimbursed by Kings Of Indigo if the complete order is returned.

Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.  

Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention 

  1. Kings Of Indigo can appeal to his right of retention of title and in that case retain the products sold by Kings Of Indigo to the customer until the customer has paid all outstanding invoices with regard to Kings Of Indigo, unless the customer has provided sufficient security for these payments. 
  2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Kings Of Indigo.
  3. Kings Of Indigo is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 
The customer waives his right to settle any debt to Kings Of Indigo with any claim on Kings Of Indigo. 

Delivery 

  1. Delivery takes place while stocks last.
  2. Delivery takes place at Kings Of Indigo unless the parties have agreed upon otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer. 

Delivery period

  1. Any delivery period specified by Kings Of Indigo is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Kings Of Indigo. 
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Kings Of Indigo cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs 
Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Kings Of Indigo may not be held liable for any damage.
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Kings Of Indigo, failing which Kings Of Indigo cannot be held liable for any damage.

InsuranceStorage 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange
Products bought online at kingsofindigo.com, can not be exchanged.

Indemnity
The customer indemnifies Kings Of Indigo against all third-party claims that are related to the products and/or services supplied by Kings Of Indigo. 

Complaints

  1. Consumers must inform Kings Of Indigo of this within two months after detection of the shortcomings.
  2. The customer gives a detailed description as possible of the shortcomings, so that Kings Of Indigo is able to respond adequately. 

Joint and several Client liabilities
If Kings Of Indigo enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Kings Of Indigo under that agreement. 

Liability of Kings Of Indigo
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period
Every right of the customer to compensation from Kings Of Indigo shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

  1. The customer has the right to dissolve the agreement if Kings Of Indigo imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by Kings Of Indigo is not permanent or temporarily impossible, dissolution can only take place after Kings Of Indigo is in default. 
  3. Kings Of Indigo has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Kings Of Indigo good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Kings Of Indigo in the fulfillment of any obligation to the customer cannot be attributed to Kings Of Indigo in any situation independent of the will of Kings Of Indigo, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Kings Of Indigo . 
  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which Kings Of Indigo cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Kings Of Indigo can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. Kings Of Indigo does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

Changes in the general terms and conditions

  1. Kings Of Indigo is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major changes in content will be discussed by Kings Of Indigo with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Kings Of Indigo to third parties without the prior written consent of Kings Of Indigo. 
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Kings Of Indigo had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where Kings Of Indigo is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

WE CARE ABOUT THE ENVIRONMENT.. AND YOUR PRIVACY!

Privacy policy

As soon as you visit our website kingsofindigo.com or contact us, we receive information about you. In this privacy statement we explain what we do with that information. We always handle your information with care and store it securely. If you have any questions or want to know what information we have on you, please contact us. We may amend this privacy statement if necessary. We recommend that you regularly review this privacy statement so that you are aware of these changes. This privacy statement was last modified on 01 November 2023.

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