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Terms and Conditions

General terms and conditions of:

Khipu BV                                                                                                                           Weteringstraat 34                                                                                                                      1017 SP, Amsterdam, Netherlands                                                                                          Chamber of Commerce number: 70119619

Article 1: Applicability                                                                                                                1.1. These general terms and conditions apply to all legal relationships in which Khipu BV acts as a supplier of products. Deviations can only be agreed in writing with Khipu BV.

1.2 In these terms and conditions, the "customers" is understood to mean the customer, or anyone who enters into or wants to enter into an agreement with Khipu BV, or for whom Khipu BV makes an offer or performs a delivery or performance, as well as its legal successors.

1.3 If any provision of these general terms and conditions is not valid or applicable for whatever reason, these terms and conditions will remain in effect for the rest.

1.4 Purchasing and other conditions, which the customer declares applicable, are not binding on Khipu BV, unless they have been accepted by Khipu BV in writing. Such an acceptance may not be inferred from the circumstance that Khipu BV does not contradict a notification from the customer that he does not accept the terms and conditions of Khipu BV and declares its own terms and conditions applicable.

Article 2:Offers                                                                                                                           2.1 All offers from Khipu BV are without obligation unless explicitly agreed otherwise in writing.

2.2 All images and information regarding weights, dimensions, colors, etc. are approximate only. Deviations from reality cannot give rise to compensation and / or dissolution.

2.3 Price lists, brochures, printed matter, etc. provided by Khipu BV are subject to change and do not constitute a quotation.

2.4 Typing, printing and price errors reserved.

2.5 Khipu BV reserves the right to refuse orders without stating reasons, to require payment in advance or to demand security.

Article 3: Assignment                                                                                                                   3.1 The customer is fully responsible to Khipu BV for the correctness of the information stated in the assignment. A completed order binds the customer.

3.2 When placing an order with Khipu BV, the customer must identify himself and the customer is identified by Khipu BV, by the use of an identification provided by Khipu BV to the customer and consisting of a (combination of) customer name. and other forms of identification, including username and password (hereinafter referred to as: Customer identification) An order that is placed electronically and in which the Customer identification of the buyer is mentioned or used has the same binding value as a purchase order signed by the buyer. However, Khipu BV cannot guarantee the security of the Internet and the possibility of interception or disruption of data transmitted by the customer using the correct Customer Identification and cannot be held liable for this in any way by the customer. Khipu BV is entitled to fully trust that the information regarding the assignment, in terms of content and form, which it receives from the customer, is the correct information.

3.3 Khipu BV is entitled to fully rely on the content and form of orders placed using the Customer ID of a customer. Khipu BV is therefore entitled to deliver and invoice to the customer whose Customer identification was used and to demand payment from this customer with regard to the orders placed with his Customer identification. The customer is fully and solely responsible for the use and confidentiality of the Customer ID assigned to him by Khipu BV.

3.4 In the event of loss or misuse of the Customer identification as a result of which Khipu BV suffers damage, the customer must indemnify Khipu BV for this. The customer must provide such security measures and procedures to guarantee that the Customer Identification assigned to him is used only by authorized personnel and for authorized purposes. In particular, in the event of loss, misuse or attempted misuse of the Customer Identification, the customer must inform Khipu BV immediately after the customer has or should have become aware of this and take all necessary measures to prevent the consequences thereof. to limit the extreme.

Article 4: Establishment of agreements                                                                                         4.1 An agreement is concluded after Khipu BV has confirmed an order by email or after Khipu BV has started the execution of the order. The order confirmation is deemed to represent the agreement correctly and completely, unless the customer objects to this in writing within three working days.

4.2 Additions and changes to an agreement only bind Khipu insofar as they have been confirmed in writing by Khipu BV.

Article 5: Prices                                                                                                                          5.1 All prices and rates are in Euro coins and including VAT, but excluding shipping costs. The shipping costs are stated during the online checkout of the order and are calculated on the basis of Post NL's rates for registered shipping, in combination with the weight of the package shipment.

5.2 The prices are based on the prices, exchange rates, wages, taxes, duties, charges, etc. existing during the offers. Khipu BV was foreseeable or not at the time of the conclusion of the agreement. Such a price increase does not entitle the customer to dissolve the agreement.

Article 6:                                                                                                                             Payment 6.1 Unless otherwise agreed in writing, payment must be made by transfer to a bank account designated by Khipu BV.

6.2 Unless explicitly agreed otherwise in writing, payment will take place without set-off or suspension for whatever reason.

6.3 Everything that the customer pays first of all serves to settle the interest and / or (collection) costs owed and then to settle the oldest outstanding invoices.

6.4 If the customer does not pay the amounts due within the agreed term, the customer will be in default by operation of law and, without prejudice to its other accruing rights, has the right at its option to charge interest to the customer on the entire amount due, constituting the statutory interest applicable at that time, plus a mark-up of 3% on an annual basis. This interest will be calculated from the due date of the invoice concerned up to and including the day of full payment. In addition, all extrajudicial and judicial collection costs to be incurred will be borne by the customer. The amount of the extrajudicial collection costs owed to Khipu BV is set at 15% of the principal, with a minimum of € 175.

6.5 If Khipu BV sees reason to do so, Khipu BV may require further security, failing which it may suspend the performance of the agreement.

Article 7: Retention of title                                                                                                           7.1 All goods delivered remain the property of Khipu BV until the customer has fully complied with his payment obligation arising from the agreement.

7.2 The customer lacks the right to hand over the goods delivered by Khipu BV to third parties, to give them in (sub) pledge or silent pledge until the entire purchase price and any associated costs have been paid in full.

7.3 In the event that the customer does not or not fully fulfill any obligation arising from the legal relationship with Khipu BV, in particular the payment obligation, Khipu BV is entitled to take back the delivered goods after notice of default, in which case the agreement is without judicial intervention. dissolved, without prejudice to the right of Khipu BV to claim costs of damage and interest.

7.4 The customer is obliged, without prejudice to the above, to take good care of the delivered goods with due diligence, as long as no full payment has been made.

7.5 The customer is obliged to separately store the delivered goods of which the ownership rests with Khipu BV or to keep them stored separately in any other way.

7.6 Furthermore, the customer is obliged to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage and against theft and to make the policy of this insurance available for inspection at the request of Khipu BV.

Article 8: Term and Delivery                                                                                                        8.1 All (delivery) periods stated by Khipu BV are approximate and are determined on the basis of the information and circumstances known to Khipu BV when the agreement was entered into. Stated delivery terms will never be regarded as deadlines. If a change in the data and / or circumstances, regardless of the foreseeability thereof, results in a delay, the delivery date will be delayed accordingly, without prejudice to the provisions below regarding force majeure.

8.2 Exceeding the delivery periods stated by Khipu BV, for whatever reason, never entitles the customer to compensation or non-fulfillment of any obligation resting on him under the relevant agreement or an associated agreement.

8.3 Cancellation of orders is only possible after written confirmation from Khipu BV. In the event of cancellation of the order by the customer, Khipu BV has the right to charge 25% of the agreed price of the goods, without prejudice to Khipu BV's right to claim the excess on the basis of loss suffered and lost profit.

8.4 If it has been agreed that the services and / or deliveries will take place in phases, Khipu BV may postpone the services and / or deliveries of the following phases until the customer has approved the completion of the preceding phase in writing and to all his (financial) obligations with regard to the partial delivery. In case of partial deliveries, Khipu BV is entitled to invoice these separately.

8.5 If the goods are available to the customer after expiry of the delivery time, but are not taken by him, then the goods will be stored at his disposal at his expense and risk.

8.6 Unless otherwise agreed in writing, delivery takes place ex warehouse. From the moment of delivery, all risks of loss, decay, damage, etc., regardless of the cause thereof, transfer to the customer.

Article 9: Transport                                                                                                                     9.1 Khipu BV determines the method of transport, shipping, packaging and such. Shipping / transport of goods is always at the expense and risk of the customer. Khipu BV is not obliged to take out (transport) insurance. If and insofar as Khipu BV has committed itself to this in writing.

Article 10: Complaints                                                                                                                10.1 The customer is obliged to inspect the goods for defects immediately after delivery. Any complaints with regard to the delivered goods will only be dealt with by Khipu BV if they have been made known to Khipu BV in writing within 8 working days after delivery, with an accurate statement of the nature and the basis of the defects and with reference to the number of the the invoice or, in the absence thereof, of the dispatch note or order confirmation. After the expiry of this period, the customer is deemed to have approved the delivery.

10.2 Minor deviations in the quality of the goods delivered, which are technically unavoidable or which are generally permitted in trade, cannot constitute grounds for a complaint or for dissolution of the agreement.

10.3 Complaints about invoices must also be submitted in writing and within 8 working days of the invoice date. After the expiry of this period, the customer is deemed to have approved the invoice.

10.4 The delivered goods can only be returned after prior written approval from Khipu BV. A condition for this is that the purchase of the items concerned has taken place within a period of 14 days before the return request. Return requests must be made stating the number of the invoice / order confirmation and provided with a clear description of article numbers, quantities and the reason for the return request. Khipu BV expressly reserves the right not to honor applications. If Khipu BV allows goods to be returned, Khipu BV's customer service will assign a return number to the customer. The return number is valid for a period of 14 working days from the date of issue. During the aforementioned period of 14 days, the goods must be delivered to the distribution center of Khipu BV. When returning the goods, the return number must be clearly stated on the enclosed packaging documents. Only items that are complete, in unopened and undamaged condition and in their original packaging, without (printed) adhesive tape and without written text on the packaging, can be returned and accepted. The customer bears all responsibility for the items that are returned. Except in the case of a clear mistake by Khipu BV, the costs for return shipment are at the expense of the customer and Khipu BV has the right to charge a fee for handling the returned goods.

Article 11. Right of withdrawal                                                                                                    11.1 The buyer is obliged to carefully inspect the products immediately after receipt. Agreements with consumer buyers, which have been concluded via the internet site or in another way, whereby only electronic communication has been used, the consumer buyer has the right to exercise a right of withdrawal without stating reasons within seven 14 working days after delivery of the product in question. This right of withdrawal excludes software or other products of which the seal (seal) has been broken, or other personalized products.

11.2 The consumer-buyer can only actually make use of his right of withdrawal if the products are complete, undamaged, unused and returned in the original packaging. The return shipment must be in the possession of Khipu BV no later than the 14th day after delivery of the product in question. The products to be returned must have sufficient postage. The risk of shipping and the proof thereof rest with the consumer buyer.

11.3 If the consumer buyer has made use of the right of withdrawal, as stated in the previous paragraphs, Khipu BV will arrange for a refund within 30 days of the purchase price paid by the consumer buyer.

Article 12: Warranty                                                                                                                   12.1 The warranty with regard to the goods delivered by Khipu BV is limited, with regard to both content and duration, to the warranty granted by the manufacturer.

12.2 Guarantee provisions are only valid for the corresponding use of the delivered goods.

Article 13: Liability                                                                                                                     13.1 Khipu BV is never obliged to pay compensation for direct or indirect damage, arising from or arising from defects in goods or services supplied or due to the non-functioning, late or incorrect functioning of the goods to be delivered or delivered by it. and / or services, except in the case of intent or gross negligence on the part of Khipu BV. Any liability for business damage (business interruption, loss of income, etc.) data loss or reduction, and / or consequential damage, caused by whatever cause, including delay in the delivery time of goods and services, is expressly excluded.

13.2 Khipu BV is not liable for damage caused by its employees and / or third parties engaged by it to the customer or third parties, for whatever reason or for whatever reason, except in the case of intent or gross negligence attributable to Khipu BV.

13.3 Khipu BV is not liable for damage of any nature whatsoever that has arisen or is caused by incorrect, careless or incompetent use, or by use for other than normal purposes of goods delivered by Khipu BV.

13.4 The customer indemnifies Khipu BV and its employees against claims from third parties for compensation of material and immaterial damage, which is caused directly or indirectly by (use of) the goods delivered by Khipu BV, unless the damage is the result of intent / gross negligence on the part of personnel of Khipu BV and / or third parties engaged by it.

13.6 Any claims from the customer must be submitted to Khipu BV within eight working days after the execution of the agreement, failing which all claims on that account will have lapsed.

Article 14: Default
14.1 The customer is considered to be in default by operation of law and the (remaining) debt will be immediately due and payable in the event:
The customer does not or not timely fulfill any obligation of the agreement, in particular the payment;
Khipu BV has good reasons to fear that the customer will fail to comply and that he does not comply with a written reminder stating those reasons to declare that it is willing to fulfill his obligations within a reasonable period set in that reminder;
The customer files for his own bankruptcy, is declared bankrupt, assigns an estate, submits a request for suspension of payments, or all or part of his assets are seized and this is not lifted within 10 days after the attachment. ;
The customer proceeds or decides to discontinue or transfer his company or an important part thereof, including the contribution of his company to a company to be established or already existing, or proceeds or decides to change the objective of his company or to dissolution;
Of death, if the customer is a natural person.

14.2 Khipu BV is entitled in 13.1 cases without any obligation to pay compensation and without prejudice to its rights, such as rights with regard to costs or interest that have already expired and the right to compensation, and without any notice of default or legal intervention being required for this:
To declare the agreement dissolved in whole or in part by a written notification to that effect to the customer and / or
To claim any amount owed by the customer to Khipu BV immediately and in its entirety and / or;
To invoke the retention of title established on the basis of article 7.

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