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 - Obligations of the Consumer during the Cooling-off Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs thereof
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Compliance and Additional Guarantee
Article 13 - Delivery and Execution
Article 14 - Duration 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:

Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Cooling-off Period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Digital Content: data produced and supplied in digital form;
Long-term Agreement: an agreement that extends to the regular delivery of items, services, and/or digital content over a certain period;
Durable Medium: any device – including email – that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information and which allows unaltered reproduction of the stored information;
Right of Withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers from a distance;
Distance Contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or additional use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order;
Means of Distance Communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.

Article 2 – Identity of the Entrepreneur

Address:
Kyhard
Achterdijkje 18
754EP, Makkum, Friesland

Contact:
Email: verkoop@kyhard.nl
KVK: 85669334
VAT: NL863701620B01

If the entrepreneur's activity is subject to a relevant licensing regime: information about the supervisory authority. If the entrepreneur practices a regulated profession:

The professional association or organization with which they are affiliated;

The professional title, the place in the EU or the European Economic Area where this title has been granted;

A reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules are accessible.

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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 entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions can 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 will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In cases where, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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 agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal frameworks, gather information about whether the consumer can fulfill their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons, based on this investigation, not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will, no later than upon delivery of the product, service, or digital content, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. The visiting address of the entrepreneur's establishment where the consumer can address 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 on guarantees and existing after-sales service;
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 execution of the distance contract;
e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige them to state their reason(s).
The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
a. If the consumer has ordered multiple products in the same order: the day on which the consumer or a third party designated by them has received the last product. The entrepreneur may, provided they have informed the consumer clearly prior to the ordering process, refuse an order for multiple products with different delivery times.
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 them has received the last shipment or the last part;
c. In the case of agreements for regular delivery of products over a specified period: the day on which the consumer or a third party designated by them has received the first product.
For services and digital content that is not delivered on a tangible medium:
3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige them to state their reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium if not informed about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start of the original cooling-off period, the cooling-off period expires 14 days after the day the consumer received that information.

Article 7 – Obligations of the Consumer during the Cooling-off Period

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs thereof

If the consumer makes use of their right of withdrawal, they report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the costs for return.
If the consumer withdraws after having first explicitly 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 begins during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full compliance with the commitment.
The consumer does not bear any costs for the provision of services or the supply of water, gas, or electricity that are not made ready for sale in a limited volume or set quantity, or for the supply of district heating if:
a. The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal, or the model withdrawal form, or;
b. The consumer has not explicitly requested the commencement of the provision of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. They have not explicitly agreed to start the fulfillment of the agreement before the end of the cooling-off period prior to its delivery;
b. They have not acknowledged losing their right of withdrawal when giving their consent; or
c. The entrepreneur has failed to confirm this statement from the consumer.
If the consumer makes use of their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer proves that they have returned the product, whichever comes first.
The entrepreneur uses the same means of payment that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service agreements, after full execution of the service, but only if:
a. The execution has begun with the explicit prior consent of the consumer; and
b. The consumer has stated that they lose their right of withdrawal once the entrepreneur has fully executed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
Service agreements for providing accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services, and catering;
Agreements related to leisure activities, if the agreement provides for a specific date or period of performance;
Products made to the consumer's specifications, which are not prefabricated and made based on an individual choice or decision by the consumer, or clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
Products which, by their nature, are irrevocably mixed with other products after delivery;
Alcoholic beverages, the price of which was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings, and computer software whose seal has been broken after delivery;
Newspapers, magazines, or journals, with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if:
a. The execution has begun with the explicit prior consent of the consumer; and
b. The consumer has stated that they lose their right of withdrawal by this.

Article 11 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can 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 mentioned prices are target prices, will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. They are the result of statutory regulations or provisions; or
b. The consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Compliance and Additional Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
An additional guarantee is understood to mean any commitment of the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

Article 13 – Delivery and Execution

The entrepreneur will take the greatest possible care 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 entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
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 representative made known to the entrepreneur unless expressly agreed otherwise.

Article 14 – Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to 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.
The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements referred to in the previous paragraphs:
a. At any time and not be limited to termination at a specific time or in a specific period;
b. At least in the same way as they were entered into by them;
c. At all times with the same notice period as the entrepreneur has stipulated for themselves.
Extension:
4. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:
8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness resist termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. When advance payment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not meet their payment obligation(s) in time, they are, after being informed by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to still meet their payment obligations, after the absence of payment within this 14-day period, owed the statutory interest on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. 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 entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – 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 a reasonable time after the consumer has discovered 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 foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

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.