Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of Kitch
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Obligations of the Consumer During the Reflection Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and the Costs Thereof
Article 9 - Kitch Obligations in the Event of Withdrawal
Article 10 - Exclusion of Right of Withdrawal
Article 11 - The Price
Article 12 - Compliance and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Cancellation, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Deviating Provisions

 

Article 1 - Definitions

In these conditions the following definitions apply:

1. Additional agreement: an agreement whereby the consumer
acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by Kitch or by a third party on the basis of an agreement between that third party and Kitch;

2. Reflection period: the period within which the consumer can exercise his right of withdrawal;

3. Consumer: the natural person does not act for the purpose
related to his trade, business, craft or professional activity;

4. Day: calendar day;

5. Digital content: data produced and produced in digital form
be delivered;

6. Duration agreement: an agreement that extends to the acquaintance
delivery of goods, services and/or digital content during a
certain period;

7. Durable data carrier: any instrument - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that allows future consultation of use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

8. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;

9. Distance contract: an agreement concluded between Kitch and the consumer in the context of an organized
system for distance selling of products, digital content and/or services, whereby only one of several techniques for distance communication is used up to and including the conclusion of the agreement;

10. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;

● Kitch: the legal entity as further referred to in Article 2, which
products, (access to) digital content and/or remote services to consumers is impossible under these general terms and conditions
conditions;
1. Technology for distance communication: means that can be
used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time
gathered together;

 

Article 2 – Identity of Kitch

Entrepreneur name: L.Ferreira CEO of Kitch
Business address: Alphen a/d Rijn, The Netherlands
Email address: info@24kitch.com
Chamber of Commerce number: 89293630
VAT identification number: NL005029864B33

 

Article 3 – Applicability

 

1. These general terms and conditions apply to every offer from Kitch and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Kitch will indicate, before the distance agreement is concluded, how the general terms and conditions can be viewed and that they will be sent free of charge at the consumer's request.
3. If the distance agreement is concluded electronically, then in deviation from the previous paragraph, and before the distance agreement 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 easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting terms.

 

 Article 4 – The Offer

1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Kitch uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind Kitch.
3. Each offer contains sufficient information to make clear to the consumer what the rights and obligations are that are attached to accepting the offer.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.
2. If the consumer has accepted the offer electronically, Kitch will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Kitch, the consumer may dissolve the agreement. After receiving this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement; however, the consumer can make use of the right of withdrawal (Article 6).
3. If the agreement is concluded electronically, Kitch will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Kitch will observe appropriate security measures.
4. Within legal frameworks, Kitch may inform itself whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If Kitch has sound reasons based on this investigation not to conclude the agreement, it is entitled to refuse an order or request, stating the reasons, or to attach special conditions to the execution.
5. No later than at the time of delivery of the product, service, or digital content, Kitch will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   1. The visiting address of Kitch's business location where the consumer can lodge complaints;
   2. 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;
   3. Information about guarantees and existing after-purchase service;
   4. The price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance agreement;
   5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   6. If the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

 

1. The consumer can dissolve an agreement related to the purchase of a product during a reflection period of at least 14 (fourteen) days without giving any reason. Kitch may ask the consumer for the reason for withdrawal but cannot obligate the consumer to provide their reason(s).

2. The reflection period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
   1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Kitch may, provided it has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
   2. if the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
   3. in the case of agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not delivered on a tangible medium:

1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not delivered on a tangible medium for at least 14 days without giving any reason. Kitch may ask the consumer for the reason for withdrawal but cannot obligate the consumer to provide their reason(s).
2. The reflection period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended Reflection Period for Products, Services, and Digital Content Not Delivered on a Tangible Medium When Not Informed About the Right of Withdrawal:

1. If Kitch has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period, established in accordance with the previous paragraphs of this article.
2. If Kitch provides the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period will expire 14 days after the day the consumer received that information.

Article 7 – Obligations of the Consumer During the Reflection Period

1. During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may handle and inspect the product as they would be allowed to do in a physical store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is allowed in paragraph 1.
3. The consumer is not liable for any diminished value of the product if Kitch has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

1. If the consumer exercises their right of withdrawal, they shall notify Kitch within the withdrawal period by means of the model withdrawal form or by any other unequivocal statement.
2. The consumer shall return the product as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, or hand it over to (a representative of) Kitch. This is not necessary if Kitch has offered to collect the product themselves. The consumer has observed the return period at any rate if they return the product before the end of the withdrawal period.
3. The consumer shall return the product with all supplied accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Kitch.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If Kitch has not notified the consumer that they bear these costs or if Kitch indicates that they will bear the costs themselves, the consumer does not need to bear the costs of returning.
6. The consumer incurs no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
   1. they have not expressly agreed to commence performance of the contract before the end of the withdrawal period;
   2. they have not acknowledged losing their right of withdrawal upon granting their consent; or
   3. Kitch has failed to confirm this statement from the consumer.
   4. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 – Obligations of Kitch upon Withdrawal

1. If Kitch enables the consumer to make the withdrawal notification electronically, Kitch shall promptly send an acknowledgment of receipt after receiving this notification.
2. Kitch shall reimburse all payments made by the consumer, including any delivery costs charged by Kitch for the returned product, promptly but no later than 14 (fourteen) days following the day on which the consumer notifies Kitch of the withdrawal. Unless Kitch offers to collect the product themselves, Kitch may withhold the refund until they have received the product or until the consumer provides proof of having returned the product, whichever occurs earlier.
3. Kitch shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Kitch is not obligated to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

Kitch can exclude the following products and services from the right of withdrawal, but only if Kitch clearly stated this in the offer, at least in a timely manner before concluding the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which Kitch has no control and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content, and/or services are offered by Kitch to consumers who are personally present or have the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obligated to take delivery of the products, digital content, and/or services;
3. Service contracts, after full performance of the service, but only if:
   1. the execution has begun with the consumer's explicit prior consent; and
   2. the consumer has declared that they lose their right of withdrawal once Kitch has fully performed the contract;
4. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transportation, car rental services, and catering;
5. Agreements relating to leisure activities, if a specific date or period of performance is provided for in the contract;
6. Products made to the consumer's specifications, which are not prefabricated and which are made based on the consumer's individual choice or decision, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return due to reasons of health protection or hygiene and whose sealing has been broken after delivery.

9. Products that, by their nature, are irreversibly mixed with other products after delivery;
10. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which Kitch has no control;
11. Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
12. Newspapers, magazines, or periodicals, excluding subscriptions to them;
13. The supply of digital content other than on a tangible medium, but only if:
    1. the execution has begun with the consumer's explicit prior consent; and
    2. the consumer has declared that they thereby forfeit their right of withdrawal.

Article 11 – The Price

1. During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, Kitch may offer products or services with prices that are subject to fluctuations in the financial market and over which Kitch has no influence, with variable prices. The fact that these prices are subject to fluctuations and that any prices mentioned are indicative will be 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 legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if Kitch has stipulated this and:
   1. they are the result of legal regulations or provisions; or
   2. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance and Additional Warranty

1. Kitch guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Kitch also ensures that the product is suitable for purposes other than normal use.
2. An additional warranty provided by Kitch, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer may assert against Kitch based on the agreement if Kitch has failed to fulfill its part of the agreement.
3. An additional warranty is understood to mean any commitment by Kitch, 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 case of its failure to fulfill its part of the agreement.

Article 13 – Delivery and Execution

1. Kitch will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery shall be the address that the consumer has provided to Kitch.
3. Subject to what is stated in Article 4 of these general terms and conditions, Kitch will execute accepted orders promptly and in any case within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation.
4. Upon termination in accordance with the preceding paragraph, Kitch will refund the amount paid by the consumer without delay.
5. The risk of damage and/or loss of products lies with Kitch until the moment of delivery to the consumer or a pre-designated and notified representative of Kitch, unless expressly agreed otherwise.

 

Article 14 – Duration Transactions: Duration, Termination, and Extension

Termination:

1. The consumer can terminate an agreement entered into for a definite period and which involves the regular delivery of products or services at any time before the end of the specified duration, observing the agreed termination rules and a notice period of up to one month.
2. The consumer can terminate the agreements mentioned in the preceding paragraphs:
   • At any time and not be limited to termination at a specific time or within a certain period;
   • Terminate at least in the same manner as these agreements were entered into by him;
   • Always terminate with the same notice period as Kitch has stipulated for itself.

Extension:

1. An agreement entered into for a definite period and which involves the regular delivery of products or services may not be extended or renewed automatically for a specified duration.
2. Notwithstanding the previous paragraph, an agreement entered into for a definite period may be tacitly renewed for a specified duration of up to three months if the consumer can terminate this extended agreement before the end of the extension period with a notice period of up to one month.
3. An agreement entered into for a definite period and which involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month.

Duration:

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of up to one month, unless fairness and equity oppose termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise specified in the agreement or additional terms, the amounts due from the consumer must be paid within 14 (fourteen) days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 (fourteen) days after the conclusion of the agreement. In the case of a service agreement, this period begins on the day after the consumer receives confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be required, in general terms and conditions, to make an advance payment of more than 50%. When an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer has the obligation to report any inaccuracies in the provided or stated payment details to Kitch without delay.
4. If the consumer fails to meet his payment obligation(s) in a timely manner, and after Kitch has notified the consumer of the late payment and granted the consumer a period of 14 (fourteen) days to fulfill his payment obligations, the consumer is liable for statutory interest on the outstanding amount and Kitch is entitled to charge extrajudicial collection costs incurred by him after the expiry of this 14-day period to be charged. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500; and 5% on the next € 5,000, with a minimum of € 40. Kitch may deviate from these amounts and percentages to the benefit of the consumer.

 

Article 16 – Complaints Procedure

1. Kitch has a sufficiently disclosed complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted to Kitch fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to Kitch will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Kitch will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 17 – Disputes

1. Dutch law exclusively applies to agreements between Kitch and the consumer to which these general terms and conditions apply. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where Kitch is located.