Our general terms and conditions apply to all offers, agreements, and deliveries of Klauwe B.V. Deviations are only valid if confirmed in writing. By registering or ordering, you accept the applicability of the general terms and conditions of Klauwe B.V. If a promotion is applicable, we recommend that you read the promotion terms and conditions.

 

We kindly request you to carefully read the following general terms and conditions. Any modifications and/or changes to the website may lead to changes in these terms. It is therefore advisable to regularly consult these general terms and conditions.

 

Text of General Terms and Conditions

 

• Article 1 - Identity of the entrepreneur
• Article 2 - Applicability
• Article 3 - Offer and agreement
• Article 4 - Prices
• Article 5 - Payment
• Article 6 - Delivery and Delivery Time
• Article 7 - Right of Withdrawal
• Article 8 - Exercise of the Right of Withdrawal
• Article 9 - Exclusion of the Right of Withdrawal
• Article 10 - Force Majeure
• Article 11 - Personal Data
• Article 12 - Liability and Indemnification
• Article 13 - Warranty
• Article 14 - Copyright
• Article 15 - Complaints Procedure
• Article 16 - Disputes
• Article 17 - Other Provisions

 

1. General

 

1.1. Name of entrepreneur: Klauwe B.V.
Operating under the name(s): Klauwe.nl, Klauwe.com, Etenmetdeklauwe.nl, and Etenmetjeklauwe.nl

 

Registered address:
Heutinkstraat 32
7512 GM Enschede
Email address: [email protected]
Phone number: +31 (0)85 - 002 6300
Chamber of Commerce number: 65733517
VAT number: NL856236135B01

 

1.2 Klauwe is a brand and product of Klauwe B.V.

1.3 Klauwe B.V. (hereinafter referred to as Klauwe), registered with the Chamber of Commerce in Enschede under registration number 65733517, reserves the right to amend and/or supplement the General Terms and Conditions at any time.

 

2. Applicability

 

2.1 These general terms and conditions apply to every offer from Klauwe and every distance agreement concluded between Klauwe and the Buyer.

 

2.2 Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the Buyer. If this is not reasonably possible, Klauwe will indicate before the distance agreement is concluded how the general terms and conditions can be viewed at Klauwe and that they will be sent to the Buyer free of charge upon request.

 

2.3 If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the Buyer electronically in such a way that the Buyer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon request.

 

2.4 If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the Buyer can always invoke the most favorable provision in case of conflicting conditions.

 

3. Offer and Agreement

 

3.1 Offers or quotations should be regarded as invitations to potential Buyers to make an offer. Klauwe is not bound in any way to such offers or quotations, nor to any offer to potential Buyers, unless this has been confirmed in writing. Acceptance of an invitation to make an offer by the potential Buyer is considered an offer and only leads to the formation of an agreement if the other provisions of this article are fulfilled.

 

3.2 An offer from the potential Buyer as mentioned in Article 2.1 is deemed to have been made in one of the following circumstances: The potential Buyer has entered the required data on the appropriate input screen of the Website (www.klauwe.nl) and sent the relevant data electronically to Klauwe. These data have been received by Klauwe; or Klauwe has issued a personalized offer to the potential Buyer, which has been approved by the potential Buyer.

 

3.3 An agreement is formed at the moment an order confirmation is sent to the Buyer or, in the case of an offer made via the Website (https://klauwe.com/), via email to the email address provided by the Buyer. This agreement may be revoked by Klauwe if the Buyer does not meet Klauwe's conditions or if it becomes apparent at any time that the Buyer has not met the conditions in the past.

 

3.4 Information, images, oral communications, statements, etc., regarding all offers and the main features of the products provided by Klauwe in any way are as accurate as possible. However, Klauwe cannot guarantee that all offers and products are fully consistent with the provided information. Deviations cannot be grounds and/or reasons for compensation and/or dissolution.

 

4. Prices

 

4.1 All prices are expressed in Euros, in accordance with legal regulations, and include VAT. The Buyer owes the price communicated by Klauwe in its confirmation according to Article 3.3 of these conditions. The purchase price is due in advance, to the extent that products will not be delivered until payment is made.

 

4.2 All prices stated on the website www.klauwe.com exclude shipping costs. These shipping costs depend on quantity, dimensions, and weight. Shipping costs are determined by the carrier and are visible when an online order is placed and completed.

 

4.3 Obvious (manipulation) errors in price quotations, such as apparent inaccuracies, may be corrected by Klauwe even after the agreement has been concluded. Special offers are only valid while stocks last and for the duration of the offer.

 

5. Payment

 

5.1 For orders via the Website, the Buyer can pay in advance via iDeal or a similar payment system.

 

5.2 Unless otherwise specified in the agreement or additional conditions, the amounts owed by the Buyer must be paid within 14 days of the conclusion of the agreement.

 

5.3 The Buyer is obligated to report inaccuracies in provided or stated payment details to Klauwe without delay.

 

5.4 If the Buyer fails to meet their payment obligations on time, they will owe statutory interest on the outstanding amount after being notified of the late payment by Klauwe and being granted a 14-day period to still fulfill the payment obligations. Klauwe is also entitled to charge extrajudicial collection costs. 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. Klauwe may deviate from the specified amounts and percentages for the benefit of the Buyer.

 

6. Delivery and Delivery Time

 

6.1 Orders will be delivered as soon as possible after payment by the Buyer, by or on behalf of Klauwe, or on the delivery date specified by Klauwe. The delivery time indicated by Klauwe is only an indication and no rights can be derived from it.

 

6.2 Deliveries take place at the address provided by the Buyer during the conclusion of the agreement.

 

6.3 The Buyer is obligated to accept the purchased goods within the agreed period and/or at or around the agreed time. If delivery by Klauwe to the address provided by the Buyer is not applicable, the Buyer must collect the purchased goods within three working days of placing the order.

 

6.4 If neither the Buyer nor a designated person is present at the delivery address at the intended time of delivery, or if the Buyer or the aforementioned designated person is unable or unwilling to accept the package, the delivery person may, if possible, leave the package with neighbors or across the street.

 

6.5 Upon receipt, the Buyer must inspect the products immediately. If the Buyer receives products in poor condition or products that do not meet the quality requirements described on Klauwe's website, the Buyer is requested to notify Klauwe immediately, and no later than 48 hours after receipt. For this, the Buyer can contact [email protected]. Klauwe's customer service ensures that the complaint is handled as well and as quickly as possible.

 

7. Right of Withdrawal

 

7.1 When purchasing products, the Buyer has the right to dissolve the agreement without giving any reason within 14 calendar days. This reflection period starts the day after the Buyer or a third party, who is not the carrier, has received the product.

 

7.2 If the delivery of a product consists of multiple shipments or parts, the day the Buyer or a third party, who is not the carrier, has received the last shipment or part applies.

 

7.3 For agreements involving the regular delivery of products over a certain period, the day on which the Buyer or a third party, who is not the carrier, has received the first product applies.

 

7.4 During the reflection period, the Buyer shall handle the product and packaging with care. The product may only be unpacked to the extent necessary to assess whether the Buyer wishes to keep the product. The principle is that the Buyer may only handle and inspect the product as they would in a physical store.

 

7.5 If the Buyer uses the items during the reflection period in such a way that they are damaged and/or show signs of use, or in general, if the use during the reflection period results in the items being unable to be resold as "new" by Klauwe after being returned by the Buyer, Klauwe cannot accept these items for return. Any costs for restoration or bringing the items back to a new state will be deducted from the refundable amount without prior notice.

 

7.6 If the Buyer no longer has the original packaging in which Klauwe delivered the items (including protective parts such as bubble wrap, foam, plastic, etc.), the Buyer must notify Klauwe in writing before returning the items. Costs for missing packaging or damages resulting from this will be deducted from the refundable amount without prior notice. It is not permitted to place stickers or similar items on the original packaging of the products, write on the products, or otherwise make the packaging unsellable.

 

7.7 The right of withdrawal does not apply to business orders. Business clients can dispute the invoice within 48 hours of receipt.

 

8. Exercising the Right of Withdrawal

 

8.1 If the Buyer wishes to exercise their right of withdrawal, they must notify Klauwe as soon as possible, but no later than 14 calendar days after receiving the product. Notification must be made using the standard form. After notifying Klauwe of the intention to exercise the right of withdrawal, the Buyer must return the product within 14 calendar days. The Buyer must prove that the goods have been sent back in time, for example, by providing proof of shipment.

 

8.2 If the Buyer exercises their right of withdrawal, they shall return the product with all delivered accessories, in the original condition and packaging, sufficiently stamped, and accompanied by a copy of the invoice to Klauwe, in accordance with the reasonable and clear instructions provided by Klauwe.

 

8.3 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the Buyer.

 

8.4 If the Buyer does not notify their intention to exercise their right of withdrawal within the timeframes mentioned in paragraph 2 or fails to return the product to Klauwe, the purchase is a fact.

 

8.5 Before returning the product, you must contact us via email.

 

8.6 Returns are at the expense and risk of the Buyer. The paid amount for the returned products (provided they are undamaged and unused) and the shipping costs of the delivery to you will be fully refunded.

 

8.7 If the Buyer has paid an amount upon purchase, Klauwe shall refund this amount as soon as possible, but no later than 14 days following the day the Buyer notifies of the withdrawal. Unless Klauwe offers to collect the product itself, it may wait to refund until it has received the product.

 

8.8 Klauwe uses the same payment method for refunds as the Buyer used unless the Buyer agrees to a different method. The refund is free of charge for the Buyer. If the Buyer chose a more expensive delivery method than the cheapest standard delivery, Klauwe does not have to refund the additional costs of the more expensive method.

 

9. Exclusion of the Right of Withdrawal

 

Klauwe may exclude the following products and services from the right of withdrawal:

 

9.1 Products or services whose prices are subject to fluctuations in the financial market over which Klauwe has no control and which may occur within the withdrawal period.

 

9.2 Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered directly or indirectly by Klauwe to the Buyer, who is personally present or given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.

 

9.3 Service agreements, after the full execution of the service, but only if:
a. the execution has started with the explicit prior consent of the Buyer; and
b. the Buyer has declared that they waive their right of withdrawal once Klauwe has fully executed the agreement.

 

9.4 Products manufactured according to the specifications of the Buyer, which are not prefabricated and are made based on an individual choice or decision by the Buyer, or which are clearly intended for a specific person.

 

9.5 Products that spoil quickly or have a limited shelf life.

 

9.6 Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

 

9.7 Products that, after delivery, by their nature are irrevocably mixed with other products.

 

10. Force Majeure

 

10.1 In the event of force majeure, Klauwe is not obliged to fulfill its obligations to the Buyer. Klauwe is entitled to suspend its obligations for the duration of the force majeure.

 

10.2 Force majeure is defined as any circumstance beyond its control that partially or wholly prevents the fulfillment of its obligations to the Buyer. These circumstances include, but are not limited to, (natural) disasters, strikes, fire, operational failures, power outages, disruptions in a (telecommunications) network or connection or communication systems used, and/or the unavailability of the Website at any time, non-delivery or late delivery by suppliers or other third parties engaged, and the absence of any governmental license required.

 

11. Personal Data

 

11.1 Klauwe will process the Buyer’s data exclusively in accordance with its privacy policy. All data provided by (potential) Buyers for deliveries will be treated with care and securely stored. These data will only be used internally by Klauwe and will, in principle, not be shared with third parties. In this regard, Klauwe complies with all applicable laws and regulations.

 

12. Liability and Indemnity

 

12.1 Klauwe is never liable for any direct or indirect damage to the Buyer or third parties due to improper use in accordance with Klauwe’s user manual, including consequential damage, business damage, delay damage, lost profits, or personal injury, or any (other) indirect damage, regardless of its cause and by whomsoever suffered.

 

12.2 The Buyer indemnifies Klauwe against all claims by third parties, on any grounds, regarding compensation for damage, costs, and/or interest caused by, occurring during, or in any way related to the goods delivered by us.

 

12.3 Any liability of Klauwe B.V. is limited to the amount paid out under the professional and product liability insurance in the relevant case.

 

13. Warranty

 

13.1 All products, excluding accessories, offered by Klauwe come with a one (1) year warranty for manufacturing defects. If extended warranties are granted for specific items, these will be mentioned in the description of the respective item.

 

13.2 This warranty includes repair or complete replacement of the defective item in the case of manufacturing defects. Repair or replacement is at Klauwe's discretion.

 

13.3 The warranty applies to the product’s outer shell (e.g., the drum) and its associated parts but does not cover dents and scratches and only applies to normal use. The paint on the drum is also not covered by the warranty. The warranty is void if the Buyer uses the drum for purposes other than intended (e.g., as a water barrel). Damage due to misuse, incorrect assembly, or faulty maintenance is not considered a manufacturing defect.

 

13.4 The warranty does not apply if the defect is due to improper or inappropriate use or if the Buyer or third parties have made or attempted to make modifications to the product without written permission from Klauwe, or if the product has been used for purposes for which it was not intended.

 

13.5 The following specific damages and/or defects are not covered by the warranty:

• Normal wear and tear (rust formation, deformation, discoloration, etc.) of parts. These parts need periodic replacement.
• Visual irregularities inherent to the manufacturing process. These irregularities are not considered manufacturing defects.
• All damage caused by poor maintenance, incorrect storage, improper assembly, or modifications to pre-assembled parts.
• If the Buyer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties.
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to Klauwe's instructions and/or the user manual.
• All damage resulting from misuse of the device (not used as instructed in the user manual, used for commercial purposes, etc.).
• All consequential damage due to negligence or improper use of the device.
• Rust or discoloration caused by external influences, the use of aggressive cleaning agents, exposure to chlorine, etc. This damage is not considered a manufacturing defect.

 

13.6 The outer shell of the product (e.g., the drum) used for Klauwe is a new barrel and has therefore not been used before.

 

13.7 The outer shell of the product (e.g., the drum) is an industrial product and is essentially intended for industrial use. Klauwe is not liable for minor damages (such as scratches and dents) to the drum that occur during the production process and/or transport.

 

14. Copyright

 

14.1 Without written permission, it is prohibited to copy, publish, reproduce, or otherwise use text and/or image material from Klauwe, Klauwe, and/or www.klauwe.com. Legal action will be taken in the event of a violation.

 

14.2 Klauwe is a trademark of the Dutch company Klauwe. The products, names, and brands in the Klauwe range are subject to copyrights, patents, design registrations, and licenses. For example, the Klauwe BBQ & Smoking Drum uses the unique and patented Multi Level Cooking System® (MLC System).

 

14.3 Klauwe reserves the right to take legal action against any infringement.

 

15. Complaints Procedure

 

15.1 Klauwe has an adequately publicized complaints procedure and handles complaints in accordance with this procedure.

 

15.2 Complaints about the execution of the agreement must be submitted to Klauwe within 7 calendar days, fully and clearly described, after the consumer has identified the defects.

 

15.3 Complaints submitted to Klauwe will be answered within a period of 14 calendar days from the date of receipt. If a complaint requires a foreseeably longer processing time, Klauwe will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

 

15.4 The consumer must give Klauwe at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

 

15.5 If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

 

16. Other Provisions

 

16.1 All (extrajudicial) costs incurred by Klauwe as a result of the Buyer's failure to fulfill their (payment) obligations are borne by the Buyer. In the event of late payment, Klauwe is entitled to terminate the agreement with immediate effect or suspend further delivery until the Buyer has fully met their payment obligations, including the payment of all (extra) judicial costs.

 

16.2 Agreements concluded by Klauwe are governed by Dutch law. The “Uniform Law on the International Sale of Goods,” the “Uniform Law on the Formation of Contracts for the International Sale of Goods,” and the “1980 Vienna Convention on Contracts for the International Sale of Goods,” as well as any current or future international regulations concerning the sale of goods, are explicitly excluded.

 

16.3 You can also submit your complaint to the Disputes Committee via the European ODR Platform.

 

16.4 In case of a dispute, the court in Almelo (Netherlands) has jurisdiction.