General terms and conditions of business

1. scope of application

For all orders via our online shop the following AGBs apply.

2. contracting party, conclusion of contract

The purchase contract is concluded with

Kookpunt B.V.
Noordplein 29-41
3035 EC Rotterdam.

By placing the products in the online shop, we submit a binding offer to conclude a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.

3rd contract language, contract text storage

The language available for the conclusion of the contract is German.

The text of the contract is not stored by us.

3. terms of delivery

Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers. We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself. We do not deliver to packing stations.

4. reservation of proprietary rights

The goods remain our property until full payment has been received.

5. transport damages

If goods are delivered with obvious transport damages, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

6. revocation instruction

Right of withdrawal

You have the right to cancel this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party designated by you, other than the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us via email: office@nesmuk.nl  of your decision to withdraw from this contract by means of a clear statement.  In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is due to an examination of the condition, properties and functioning of the goods which does not require necessary handling.

END OF THE REVOCATION INSTRUCTION

7. warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. The limitation period for claims for defects is one year from delivery of the goods in the case of used goods. The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents:

  • in case of injury to life, body or health,
  • in the event of intentional or grossly negligent breach of duty or fraudulent intent,
  • in case of violation of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed or
  • as far as the scope of application of the product liability law is opened.

Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

For questions and complaints you can reach us by e-mail to office@nesmuk.nl

8. discount codes

Promotion or discount codes are not transferable, cash withdrawal is excluded. Furthermore, they cannot be used in conjunction with other promotion codes or offers and must be used by the cut-off date (if one is specified).

9. liability

We always have unlimited liability for claims based on damages caused by us, our legal representatives or vicarious agents:

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. settlement of disputes

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.