General terms and conditions
Applicable to orders from: Bulgaria, Croatia, Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Portugal (excl. Azores/Madeira), Romania, Slovakia, Slovenia
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
• Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
• Consumer: any natural person who is not acting in the course of a trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance sales of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
• Means of distance communication: any means that can be used for concluding a contract without the consumer and entrepreneur being in the same place at the same time.
Article 2 – Identity of the Entrepreneur
Kovvar
Eckerstraat 38, 8263CB Kampen, the Netherlands
Telephone: +31 (0) 38 3333 110
E-mail: info@kovvar.com
Chamber of Commerce number: 67665888
VAT identification number: NL857119345B01
IBAN: NL88RABO0150986246
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at their request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the preceding paragraph, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge at their request, either electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
Article 4 – The Offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. 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 shall be a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
• the price including taxes;
• any costs of delivery;
• the manner in which the contract will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the contract;
• the deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
• 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, correct the data provided by them in the context of the contract before concluding the contract;
• any other languages in which the contract can be concluded;
• the minimum duration of the distance contract in the case of a continuing performance contract.
Article 5 – The Contract
1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within the limits of the law, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the contract, they are entitled to refuse an order or request, with reasons, or to attach special conditions to its execution.
5. The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the information referred to in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer prior to the performance of the contract;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
Article 6 – Right of Withdrawal
For products:
1. When purchasing products, the consumer has the right to withdraw from the contract without giving any reason for a period of 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they shall return the product with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
For services:
3. In the case of the provision of services, the consumer has the right to withdraw from the contract without giving any reason for a period of at least 14 days, beginning on the day the contract is concluded.
4. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.
Article 7 – Costs in Case of Withdrawal
1. If the consumer exercises their right of withdrawal, the costs of returning the goods shall be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur shall reimburse 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 entrepreneur or that conclusive evidence of complete return can be provided. Reimbursement shall be made using the same means of payment used by the consumer, unless the consumer agrees to a different method.
Article 8 – Exclusion of the Right of Withdrawal
1. The entrepreneur may exclude the right of withdrawal of the consumer as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can deteriorate or expire rapidly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. relating to betting and lotteries.
Article 9 – Price
1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the preceding 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, at variable prices. This link to fluctuations and the fact that any prices stated are guide prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
5. All prices stated in offers of products or services are inclusive of VAT.
Article 10 – Conformity and Warranty
1. The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of fitness and/or usability, and the legal provisions and/or government regulations existing at the date of the conclusion of the contract. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur on the basis of the contract.
3. Consumers in the European Union benefit from a legal guarantee of conformity of at least two years from delivery of the goods, in accordance with Directive (EU) 2019/771. During this period, the entrepreneur is liable for any lack of conformity that existed at the time of delivery. The consumer may not be deprived of this right by contract.
Article 11 – Delivery and Performance
1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
2. The place of delivery shall be the address that the consumer has made known to the entrepreneur.
3. Subject to the provisions of Article 4, the entrepreneur shall execute accepted orders promptly, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
4. In the event of dissolution in accordance with the preceding paragraph, the entrepreneur shall reimburse the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur shall endeavour to make a replacement item available. At the latest at the time of delivery, it shall be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage to and/or loss of products shall rest with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise. We ship exclusively via UPS. Deliveries can only be made to a UPS Access Point. It is not possible to have parcels delivered to pick-up points or service points of third-party providers. As all orders are dispatched from our warehouse in the Netherlands, delivery via national postal service providers (such as Magyar Posta/MPL in Hungary) is not available.
Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal
Termination
1. The consumer may at any time terminate a contract entered into for an indefinite period for the regular delivery of products or services, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may at any time terminate a contract entered into for a definite period for the regular delivery of products or services at the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.
3. With respect to the contracts referred to in the preceding paragraphs, the consumer may:
• terminate at any time and not be limited to termination at a particular time or during a particular period;
• terminate at least in the same manner as the contract was entered into by them;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
4. A contract entered into for a definite period for the regular delivery of products or services may not be tacitly renewed or extended for a definite period.
5. A contract entered into for a definite period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.
Duration
6. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Liability
For claims for damages caused by us, our legal representatives, or our vicarious agents, we are always liable without limitation:
• in the event of injury to life, body, or health;
• in the event of intentional or grossly negligent breach of duty;
• in the event of guarantee promises, if agreed; or
• insofar as the scope of application of the Product Liability Directive (Directive 85/374/EEC, as amended) is opened.
In the event of breach of essential contractual obligations (cardinal obligations) through slight negligence by us, our legal representatives, or our vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
Article 14 – Complaints
1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
Article 15 – Applicable Law and Jurisdiction
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are governed by the law of the Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. This choice of law shall not deprive the consumer of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law of the country in which the consumer has their habitual residence, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I Regulation).
3. In case of disputes, the consumer may bring proceedings either in the courts of the Netherlands or in the courts of the Member State in which the consumer is domiciled, in accordance with Regulation (EU) No 1215/2012 (Brussels I bis Regulation). The entrepreneur may only bring proceedings against the consumer in the courts of the Member State in which the consumer is domiciled.
Article 16 – Dispute Resolution
The European Commission maintains information on available consumer dispute resolution bodies in the Member States, which can be found at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies
We are generally not obliged to participate in dispute resolution proceedings before a consumer arbitration body. However, applicable consumer protection laws in your country of residence may require our participation in such proceedings. In particular, consumers in Hungary may refer disputes to the competent Consumer Conciliation Board (Békéltető Testület), whose decisions may be binding on the entrepreneur for disputes below the statutory threshold, in accordance with applicable Hungarian law. Please refer to the relevant national legislation of your country of residence for further information on available dispute resolution mechanisms.
Article 17 – Severability
Should any provision of these general terms and conditions be or become invalid or unenforceable, in whole or in part, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.
Article 18 – Additional or Deviating Provisions
Additional or deviating provisions 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 medium.
