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This document was last amended on April 23, 2024
Please read these Terms and Conditions („Agreement“, „Terms and Conditions“) carefully before using https://kuyichi.com („the Site“). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://kuyichi.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalised terms are defined in this Agreement.
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 of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Long-term transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
ARTICLE 1 - DEFINITIONS
In these conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all about the cooling-off period
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information directed to them personally in a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available for a consumer to fill in when they want to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, the contract is concluded solely using one or more means of distance communication;
Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space;
General Terms and Conditions: the entrepreneur's present General Terms and Conditions.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Kuyichi b.v.
Stationsstraat 7
3451BV Utrecht
the Netherlands
T (030) 737-0406
E webshop@kuyichi.com
Chamber of Commerce 65513738
VAT number NL856142670B01
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that has been concluded and orders between the entrepreneur and the consumer.
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 at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible at their request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that it can be stored by the consumer in a simple way on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be electronically reviewed, and that they will be sent electronically or otherwise free of charge at the consumer's request.
In case specific product or service conditions are also applicable, the second and third paragraphs are applicable correspondingly, and the consumer can, in the event of conflicting terms, always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions at any time are wholly or partially void or are nullified, the agreement and these conditions will otherwise remain in force, and the provision in question will immediately be replaced by a provision that approaches the original as closely as possible.
Situations that are not regulated in these general terms and conditions should be assessed according to the spirit of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted 'in the spirit' of these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and amend the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications in the offer are indicative and cannot give rise to compensation
or dissolution of the contract.
Images with products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear for the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the contract 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 contract;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the tariff for distance communication if the costs of using the technology for distance communication are charged on a basis other than the regular base rate for the means of communication used;
whether the contract will be archived after its conclusion, and if so how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, restore the information provided under the contract before concluding the contract;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;
and the minimum duration of the distance contract in the case of an extended transaction.
ARTICLE 5 - THE AGREEMENT
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms 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 contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
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, based on this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium:
the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data included in article 4 paragraph 3 of these conditions unless the entrepreneur has already provided this information before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the concerned products.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Upon the purchase of products, the consumer has the possibility to dissolve the contract without giving reasons for 30 days. This reflection period commences on the day following the receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur by the consumer.
During the reflection 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 exercises 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.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receiving the product. The consumer must make this known using the model form or another electronic medium such as email. After the consumer has made it known that he wants 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 on time, for example through proof of shipment.
If the customer does not make it known within the terms mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
If the consumer makes use of his right of withdrawal, at most the costs of returning the goods will be for his account.
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. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to a different method.
The consumer cannot be held liable for any 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 conclusion of the purchase agreement.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
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 clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software whose seal the consumer has broken;
for hygienic products whose seal the consumer has broken.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
concerning betting and lotteries.
ARTICLE 9 - THE PRICE
During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, subject to price changes resulting from changes in VAT rates.
Contrary to 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 influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
they are the result of legal regulations or provisions; or
the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT for all EU countries.
All prices are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors. In the case of print and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
ARTICLE 10 - CONFORMITY AND WARRANTY
The entrepreneur ensures that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 2 months after discovery of the defects.
The warranty period provided by the entrepreneur 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.
The warranty does not apply if:
the consumer has repaired and/or processed the delivered products himself or has them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or are treated contrary to the instructions of the entrepreneur and/or on the packaging;
the inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND EXECUTION
The entrepreneur will observe the greatest possible diligence when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated about this in article 4, the company will execute accepted orders expeditiously but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed about this no later than 30 days after he has placed the order. In that case, the consumer has
the right to terminate the contract without costs and is entitled to any compensation.
All delivery periods are indicative. No rights can be derived from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
In the case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as quickly as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest at the time of delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur announced representative, unless expressly agreed otherwise.
Extra Customs Duties, VAT and Customs Costs for Orders Outside the EU
For orders placed outside the European Union (EU), customers may be subject to additional customs duties, VAT, or customs costs imposed by the government of the destination country or relevant authorities. These costs are beyond our control and are determined by the customs rules of the receiving country. Such costs are the sole responsibility of the customer and are not included in the purchase price or shipping costs.
Please note that these extra costs may vary depending on the destination country and the value of the purchased goods. We advise customers to contact their local customs office or tax authority for information about potential costs before placing an order.
Since these costs are imposed by external entities and are outside our jurisdiction, we cannot offer refunds for any customs duties, VAT, or customs costs incurred by the customer for orders outside the EU. By placing an order with us, you acknowledge and agree to accept responsibility for such additional costs that may be imposed by customs authorities.
We strive to provide accurate information about customs requirements and potential costs, but we cannot guarantee the completeness or accuracy of such information due to the constantly changing nature of customs rules. Therefore, customers are encouraged to conduct their own research or seek professional advice if they have questions about customs duties, VAT, or other import costs related to their order.
By continuing with the purchase of our products, you indicate your understanding and acceptance of these conditions regarding additional customs duties, VAT, and customs costs for orders outside the EU.
ARTICLE 12 - LONG-TERM TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION
Termination
The consumer can terminate 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 agreed termination rules and a notice period of at most one month.
The consumer can terminate an agreement that has been entered into for a determined period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the determined period with due observance of the agreed termination rules and a notice period of at most one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
An agreement that has been entered into for a determined period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a determined period.
Contrary to the previous paragraph, an agreement that has been entered into for a determined period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be silently extended for a maximum period of three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a determined period and that extends to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer can terminate at any time with a notice period of at most one month and a notice period of at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not silently continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of at most one month unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 - PAYMENT
As far as no later stage has been agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this term begins after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs announced to the consumer beforehand.
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has noticed the defects.
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 receipt confirmation and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the case of complaints, a consumer should first turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this web shop has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet reached, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer needs to pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will at her discretion either replace or repair the delivered products free of charge.
ARTICLE 15 - DISPUTES
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
The Vienna Sales Convention is not applicable.
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 should be recorded in writing or in such a way that they can be stored by the consumer in an accessible way on a durable medium.