Terms and conditions

Website Terms of Use

These terms and conditions apply to your general use of this website www.kellys-expat-shopping.nl and any e-mail correspondence between us and you. Your use of the website indicates your acceptance of these terms issued by Kellys Expat Shopping. If you do not agree with any of these terms and conditions, you do not have permission to continue using the website and should leave it immediately. The use of your data is governed by our Privacy Policy. Your purchase of products from this website is governed by our Sale Terms.

Nothing in this agreement affects your statutory rights.


Your use of this website:

  • You must not use this website inappropriately or in contravention of any laws. In particular, you agree not to distribute, upload or publish any material or files that might:
    • be considered defamatory, inaccurate, threatening, offensive, indecent, or calculated to incite hatred;
    • constitute a breach of confidence, infringe the copyright or any other intellectual property right, privacy, or any other right of a third party; or
    • contain viruses or other harmful features, programs, or devices.
  • You are responsible for the accuracy of any information you submit to the website.
  • Any information you provide to us is per the terms of our Privacy Policy.


Passwords

  • You agree to keep any password used on this website confidential. You agree that we will not be responsible for any activity on this site resulting from a third party gaining access to your password.


Intellectual property

  • All website design, text, photography, graphics, and their selection and arrangement, unless otherwise indicated, are Copyright © Kellys Expat Shopping, all rights reserved.
  • Trademarks used on this website are the property of their respective owners. These trademarks are protected by law and you may not use these trademarks.
  • You are not permitted to use any of our copyrighted material or trademarks in any way. If you do so without our written consent we will have a right of action against you in law for copyright and/or trademark infringement and you must remove such material with immediate effect.
  • You are not permitted to modify the content of this website in any way.


Links

  • Any links from this website to other sites are provided solely for your convenience. We are not responsible for the direct or indirect consequences of you linking to any other website. We are not responsible for and have no control over the content of any external sites, and the provision of a link is not an endorsement of any other site or its contents.
  • You may only create a link to this website on the basis that you link to the homepage and on the condition that you do not imply that we are endorsing any products or services other than our own, that you do not misrepresent your relationship with us, or present any false information, you do not use any trademarks displayed on the Website without their owners' express written permission, and your website does not contain material which is distasteful, offensive or infringes any rights of any person.


Alterations

  • At our sole discretion we may change any part of this site. It is your responsibility to check if any alterations have occurred and any further orders placed by you, will constitute your acceptance of these terms.


Disclaimer

  • We do not make any representation or give any warranty or other assurance (and all such warranties, terms, and representations that might otherwise apply by operation of law, practice, or otherwise are hereby excluded to the fullest extent permitted) as to:
    • the operation, quality, timeliness, reliability, usefulness, or functionality of this website or any information on this website;
    • the availability of this website. Access to this Website may be interrupted, restricted, or delayed for any reason and at any time (for example, to enable changes to be made);
    • the compatibility or performance of this website with (or its effect on) your computer equipment;
    • this website being free from errors, defects, viruses, or other harmful features, programs, or devices;
    • the accuracy, completeness, suitability, timeliness, or fitness for any particular purpose of any content on this website or accessed through a link on this website.


Limitation of liability

  • We are not liable for and disclaim to the fullest extent permissible under any applicable law all liability and responsibility in connection with the use, inability to use, or the results of the use of this website for any amount or kind of loss, damage, expenses, costs or liability that you or any third party may suffer, including without limitation any direct, indirect, punitive, special or consequential loss or damage or any loss of income, profits, anticipated savings, goodwill or data whether arising in tort, contract, operation of law or otherwise. This limitation does not apply to your purchase of products via this website, which is governed by our Sale Terms.
  • If any of these terms and conditions would otherwise be held invalid, the invalid term or condition shall be interpreted as applicable only to the extent permitted without being invalid and the remainder of the terms and conditions shall not be affected.
  • Kellys Expat Shopping will accept no responsibility or cost whatsoever if delivery of any product is delayed as a result of anything out of its control; i.e. Act Of God, flood, fire, war, industrial action.


Governing law

  • These terms and this disclaimer and any claim based on the use of information from this website shall be governed by the laws of The Netherlands.
  • The contract between the customer and Kelly's Expat Shopping shall be governed solely by the current laws of The Netherlands.


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General Terms & Conditions

Table of contents:

Article   1 - Definitions

Article   2 - Identity of the entrepreneur

Article   3 - Applicability

Article   4 - The offer

Article   5 - The Agreement

Article   6 - Right of withdrawal

Article   7 - Costs in case of withdrawal

Article   8 - Exclusion right of withdrawal

Article   9 - The price

Article 10 - Conformity and guarantee

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, cancellation and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Thinking time: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the thinking time period;
  7. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: an agreement in which, in the context of a system for distance selling of products and/or services organised by the entrepreneur, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Remote communication technology: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Kellys Expat Shopping B.V.

Luifelbaan 40-42

2242KV Wassenaar

 

Tel: +316 15 54 07 71

Mon-Fri 09:00 tot 18:00

Saturday 09:00 tot 17:30

Sunday 10:00 tot 17:00

 

E-mailadress: [email protected]

Webshop: [email protected]

Chamber of Commerce number: 75200236

Vat-identification number: NL860182216B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
  3. 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 the consumer can can be stored in a simple way 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. .
  5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, then the agreement and these terms and conditions will remain in force and the relevant provision will be replaced by a provision in mutual consultation without delay of the original.
  6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  4. All images, specifications data in the offer are indicative and cannot rise to compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours correspond exactly to the real colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns:
      • the price including taxes;
      • any shipping costs;
      • the manner in which the agreement will be concluded and which actions are required for this;
      • whether or not the right of withdrawal applies;
      • the method of payment, delivery and execution of the agreement;
  7. The term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
  8. The amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
  9. Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
  10. The way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
  11. Any other languages in which, in addition to Dutch, the agreement can be concluded;
  12. The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
  13. the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as about 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. the information about warranties and existing after-sales service;
  9. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  12. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
  2. During the thinking time period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer, unless the consumer expressly gives permission for another payment method.
  3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any loss in value of the product.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

Article 8 - Exclusion right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been established by the entrepreneur in accordance with the consumer's specifications;
  4. .
  5. which by their nature cannot be returned;
  6. which can rot or age quickly;
  7. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  8. for newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal.
  10. for hygienic products of which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
  13. the delivery of which has started with the express consent of the consumer before the thinking time period has expired
  14. concerning betting and lotteries.

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.
  8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
  9. Taxes and Duties: 9% on food products, 21% on alcoholic and non-food items. a) The customer is responsible for all import duties and taxes, which may be levied once the package reaches the customer's country of residence. If the customer is unsure of the relevant import duty and tax rates, they should contact their local customs office for further information. Kellys Expat Shopping cannot be held responsible for the actions of any Customs Departments who choose to open and interfere with any package.

    b) VAT is charged on items depending on the delivery country, cardholder's country, and customer VAT status. VAT invoices may be supplied upon request. Kellys Expat Shopping reserves the right to discount items depending on customer VAT status.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or usability existing on the date of the conclusion of the agreement or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
  4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;
    • The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
    • The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  5. In the event of decomposition in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after decomposition.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
  8. Delivery times are based on our couriers and are approximate. It is your responsibility to ensure someone is available to accept delivery. If for any reason we can not dispatch your order within 2 working days, we will notify you by e-mail.

Article 12 - Duration transactions: duration, cancellation and extension

Cancellation

  1. The consumer can cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of at most one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite term, subject to the agreed cancellation rules and a notice period of at least maximum one month.
  3. The consumer can conclude the agreements referred to in the previous paragraphs:
    • cancel at any time and are not limited to cancellation at a specific time or period;
    • at least cancel in the same way as they ordered;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
  4. Currency: All payments shall be made in Euros.
  5. Card Payments: We do accept Credit Card payments online.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. In the event of complaints, a consumer must first turn to the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. If you are missing an item from your order, it is your responsibility to contact the webshop/store within 24 hours of DPD delivery/collection from the store. After this time frame, any missing item cannot be refunded or resent.
  2. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  3. The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must 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.

All descriptions and weights are those of the original manufacture and are intended to give a general description of the goods. The weight to be shipped includes the weight of packaging for the goods.


Non-Stock Items: In the event a brand/quantity combination being unavailable or discontinued, we will act according to the information supplied by the customer on the order details screen. a) If an item is not available in the requested weight and the customer has requested we supply a different weight combination, then we will attempt to supply a larger quantity of the same item type but in smaller weights, the total weight will either equal or exceed the original amount requested, or an appropriate refund will be given. b) If an item is not available in the requested brand, and the customer has requested we supply a different brand, we will supply an alternative brand of the same or greater value, or an appropriate refund will be given. c) If a customer has requested we delay dispatch until a brand or weight is available, we will hold onto the order for up to a maximum of 30 days, at which point we will contact the customer for further instructions.