Terms

This is a translation of the Dutch version. In the event of any difference in interpretation, the Dutch version is legally binding.

Table of contents:
• Article 1   – Definitions
• Article 2  – Identity of the trader
• Article 3  – Applicability
• Article 4  – The offer
• Article 5  – The contract
• Article 6  – Right of withdrawal
• Article 7  – Obligations of the consumer during the cooling-off period
• Article 8  – Exercise of the right of withdrawal by the consumer and the costs thereof
• Article 9  – Obligations of the trader in the event of withdrawal
• Article 10 – Exclusion of the right of withdrawal
• Article 11 – The price
• Article 12 – Performance and additional guarantee
• Article 13 – Delivery and performance
• Article 14 – Continuing performance transactions: duration, termination and extension
• Article 15 – Payment
• Article 16 – Complaints procedure
• Article 17 – Disputes
• Article 18 – Additional or deviating provisions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Ancillary contract: a contract by which the consumer acquires products, digital content and/or services in connection with a distance contract, where these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Continuing performance contract: a contract that provides for the regular supply of goods, services and/or digital content during a certain period;
7. Durable medium: any instrument – including e-mail – that enables the consumer or trader to store information addressed to him personally in a way that allows future reference or use for a period that is adapted to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
9. Trader: the natural or legal person, offering (access to) digital content and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal in respect of his order.;
12. Technique for distance communication: a means that can be used to conclude a contract without the consumer and the trader having to be together in the same room at the same time;

Article 2 - Identity of the trader
K-Eye B.V.,
Industrieweg 14G
1231 KH  Loosdrecht
030-2763330

E-mail address: info@K-Eye.eu
Chamber of Commerce (Kamer van Koophandel) number: 69926174
VAT identification number: NL858067195B01

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or in another way.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 - The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set in connection with it.
2. If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for that purpose.
4. The trader may – within the statutory framework – inform himself whether the consumer is able to meet his payment obligations, as well as of all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
5. The trader will, at the latest upon delivery of the product, the service or digital content to the consumer, send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
o a. the visiting address of the trader's establishment where the consumer can go with complaints;
o 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;
o c. the information on guarantees and existing after-sales service;
o d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
o e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
o f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal
For products:
1. The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of 30 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
o a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Provided that he has clearly informed the consumer of this prior to the ordering process, the trader may refuse an order of several products with different delivery times.
o b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
o c. in the case of contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:
3. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for 30 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed of the right of withdrawal:

5. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the trader has not provided him, before or at the conclusion of the contract, with all legally required information about the right of withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
1. If the consumer exercises his right of withdrawal, he will notify the trader of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has in any event observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning the product.
6. If the consumer withdraws after first having expressly requested that the provision of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity commence during the cooling-off period, the consumer owes the trader an amount that is proportionate to that part of the commitment that has been fulfilled by the trader at the time of withdrawal, compared with full fulfilment of the commitment.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
o a. the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
o b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
o a. prior to its supply, he has not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period;
o b. he has not acknowledged losing his right of withdrawal when giving his consent; or
o c. the trader has failed to confirm this statement by the consumer.
9. If the consumer exercises his right of withdrawal, all ancillary contracts are dissolved by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal
1. If the trader enables the consumer to notify withdrawal electronically, he will send an acknowledgement of receipt without delay after receiving this notification.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may withhold reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
3. For reimbursement, the trader will use the same means of payment that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.

Article 10 - Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period
2. Contracts concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present, or is given the opportunity to be personally present, at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:
o a. performance has begun with the express prior consent of the consumer; and
o b. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance, and other than for residential purposes, transport of goods, car rental services and catering;
5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
6. Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products which, by their nature, are inseparably mixed with other products after delivery;
10. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no control;
11. Sealed audio and video recordings and computer software whose seal has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
o a. performance has begun with the express prior consent of the consumer; and
o b. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no control at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
o a. they result from statutory regulations or provisions; or
o b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12 - Performance of the contract and additional guarantee
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfil his part of the contract.
3. An additional guarantee means any commitment by the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the contract.

Article 13 - Delivery and performance
1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. With due observance of what is stated in this regard in article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
4. After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 - Continuing performance transactions: duration, termination and extension
Termination:

1. The consumer may terminate a contract entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a contract entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the previous paragraphs:
o - at any time, and may not be limited to termination at a specific time or in a specific period;
o - at least in the same manner as they were entered into by him;
o - always with the same notice period as the trader has stipulated for himself.
Extension:

4. A contract entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the previous paragraph, a contract entered into for a fixed period and which provides for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract with effect from the end of the extension with a notice period of no more than one month.
6. A contract entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the contract provides for the regular delivery, but less than once a month, of daily, news and weekly papers and magazines.
7. A contract of limited duration for the regular delivery of daily, news and weekly papers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

8. 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 preclude termination before the end of the agreed duration.

Article 15 - Payment
1. Unless otherwise provided in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or, in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received the confirmation of the contract.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned until the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
4. If the consumer does not fulfil his payment obligation(s) on time, then, after he has been notified by the trader of the late payment and the trader has granted the consumer a period of 14 days to still fulfil his payment obligations, and payment has not been made within this 14-day period, he owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from the stated amounts and percentages in the consumer's favour.

Article 16 - Complaints procedure
1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. In any event, the consumer must give the trader 4 weeks to resolve the complaint by mutual agreement.

5. It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/odr).

Article 17 - Disputes
1. Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

Article 18 - Additional or deviating provisions
Our products are not intended for human consumption. Human consumption is entirely at your own risk. K-Eye B.V.  accepts no liability whatsoever as a result of human consumption.

We sell Kratom exclusively for laboratory and research purposes. Kratom and Tongkat Ali are not on the list of approved novel foods and novel food ingredients (Regulation (EC) No 258/97). They may therefore not be sold for human consumption. If you buy these products from us, you are aware that these restrictions apply.

Link: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32015R2283