General terms and conditions

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 – Costs in case of revocation
Article 8 – Exclusion

Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information
   makes possible.
6. Right of withdrawal: the possibility for the consumer to cancel within the cooling-off period of the distance contract;
7. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
8. “pkmstoragez”: the sole proprietorship trading under the name “ pkmstoragez.com ”.
9. Distance contract: an agreement concluded within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion the agreement makes exclusive use of one or more techniques for distance communication;
10. Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

pkmstoragez.com part of:

pkmstoragez
Pencil Avenue 3
4614 RE Bergen op Zoom
VAT no. NL003725803B67
Chamber of Commerce number: 82758956

Phone number: +316 28327025
Email address: pkmstoragez@outlook.com

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and 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 consumer will be informed before the distance contract is concluded. that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
3. 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 may be made available to the consumer electronically.
   be provided in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded,
   indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
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 accordingly and the consumer may, in the event of conflicting general terms and conditions, always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be mutually agreed upon. consultation be replaced without delay by a provision that approximates the purport of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses makes of images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement is archived after it has been concluded and, if so, where the consumer can consult it;
• the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;
• any other languages ​​in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of a continuous transaction.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the agreement of this acceptance has not been concluded by the entrepreneur, the entrepreneur will
   confirmed, the consumer can cancel the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer concludes the agreement electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the entrepreneur can pay, he will take appropriate security measures.
4. The entrepreneur may – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract.
   If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• 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;
• the information about guarantees and existing after-sales service;
• the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

1. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
2. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after the consumer receives the product or on a day previously agreed upon by the consumer. designated representative made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If
   If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable instructions provided by the entrepreneur.
   and clear instructions.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product. The consumer must notify this by means of the model form.
   After the consumer has indicated that he/she wishes to exercise his/her right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example
   by means of proof of shipment.
4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
5. The direct costs and risk of returning the products are borne by the consumer, unless otherwise agreed.
6. Under no circumstances does a professional consumer have this right of withdrawal.

When providing services:

1. When providing services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.
2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of revocation

1. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition here is that the product has already been received back by the web shop owner.
   or conclusive proof of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
2. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
3. The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.
4. If the Consumer revokes the agreement, the Consumer will receive back the payments he has made at that time for the goods from pkmstoragez , including delivery and transaction costs to the extent pkmstoragez  delivered one or more products that were not in accordance with the Consumer's order (with the exception of any additional costs resulting from the Consumer's choice of a method of delivery other than the cheapest standard delivery offered by pkmstoragez ) without delay and in any case no later than 14 calendar days after pkmstoragez has been informed of the Consumer's decision to cancel the agreement.
5. pkmstoragez will then reimburse the Consumer using the same payment method as the Consumer used for the original transaction, unless the Consumer has expressly agreed otherwise. If the Consumer opted for a different method of reimbursement than the one used for the order, any additional transaction costs will be borne by the Consumer. pkmstoragez may wait with the reimbursement until pkmstoragez has received the products back and checked their condition. The reimbursement of delivery and transaction costs by pkmstoragez will always be pro rata and without prejudice to article 7.5

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, at least in good time before the conclusion of the contract. of the agreement, has stated.
2. Exclusion of the right of withdrawal is only possible for products:
• which have been created by the entrepreneur in accordance with the consumer's specifications;
• For sealed products. When the seal is broken, these products are not returnable.
• that are clearly personal in nature;
• which by their nature cannot be returned;
• the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

Article 9 – 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 due to changes in VAT rates.
2. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are indicative prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
• these are the result of statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

1. The prices stated in the offer of products or services include VAT.
2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the date on which the agreement was concluded. existing legal provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
• the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
   If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified of this no later than 30 days after placing the order. The consumer has the right to
   in that case the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is available.
   article is delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the event of an agreement to provide
   a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 – Complaints procedure

1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. 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 the period of 14 days. responded with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 15 – 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 viewed by the consumer in an accessible manner.
stored on a durable medium.

B2B rules

Different rules apply to B2B orders, the consumer law no longer applies.

When is an order B2B?

An order is considered B2B when the company name and VAT number are stated on the invoice.

The following rules apply to B2B orders:

RETURN POLICY

Our company has a no-return policy for b2b shipments.

For complaints about missing or damaged delivered goods, you can contact pkmstoragez within 3 working days after the delivery day.

MISCELLANEOUS

Force Majeure: If, due to uncontrollable reasons (e.g. bad weather, strikes, etc.) delivery of the products is not possible within a reasonable period of time, we will inform you of this by e-mail, asking whether you still wish to complete your order under these conditions.
Pkmstoragez Responsibility: The webshop is not liable for any defects or poor quality of the content of the products it offers to its customers. All products are received shrink-wrapped by the suppliers. If a defective product is found in the delivered quantity, please contact us at pkmstoragez@outlook.com so that we can resolve the issue.

Modification of terms: The pkmstoragez.com website reserves the right to modify or renew the terms of trade. pkmstoragez undertakes to update this document for any modification or addition to the terms.
Until payment is made in full, the products in your order remain the property of pkmstoragez .

Confirmation of the order

Before shipping, our sales department will contact you to check and confirm the order.

Pre-orders / backorders / orders

For upcoming releases you will receive a newsletter with information about the products that are open for pre-order.

Please place your pre-orders via email in an excel file (if possible) within the requested time frame.

All prices and release dates are subject to change.

All orders/pre-orders/backorders are considered binding, meaning there can be no cancellations.

We try to fulfill all orders, so please be careful not to over-order, in case of limited product availability there may be an allocation on the respective pre-orders/backorders.