Legal notice

General terms and conditions KegLand EU B.V.
This translation can only be used in combination with and as explanation to the Dutch text.
In the event of a disagreement or dispute relating to the interpretation of the English text the Dutch text will be binding. These general terms and conditions are subject to Dutch Law.
1. Parties
1. KegLand EU: KegLand EU B.V., registered with the Chamber of Commerce under
number 94544689, established at Biezenkamp 21 a (6691 EJ) in Gendt, user of these general
terms and conditions.
2. Further details of KegLand EU:
Website: www.kegland.eu
E-mail adress: info@kegland.eu
Telephone number: +31(0)854 865 724 or +31(0)683 582 551
VAT identification number: NL866815466B01
3. The Customer: the (potential) buyer of goods offered by KegLand EU.
2. Applicability
1. KegLand EU declares these general terms and conditions applicable to every offer made
by KegLand EU and, whether or not resulting therefrom, agreements entered into by the
parties with each other. Insofar as their content has not been changed, these general
conditions shall also apply to future contractual relationships between the parties.
2. Deviations from these terms and conditions shall apply only insofar as they have been
expressly agreed by the parties in writing.
3. General (purchase) terms and conditions of The Customer are expressly rejected.
4. Third parties engaged by KegLand EU in the execution of the agreement may also invoke
these general conditions.
5. If one or more (part(s)) of the provisions of these general conditions are null and void or
annulled, the other provisions of these general conditions shall remain applicable. Parties will
then consult to replace the void or nullified provisions by new rules, in which the purpose and
meaning of the void or nullified provisions will be expressed as much as possible.
3. Offer and agreement
1. Any offer, whether in the form of a quotation or otherwise, shall be entirely and
unconditionally non-binding and revocable and shall be valid for 30 days, unless otherwise
stated in writing by KegLand EU.
2. Each offer is valid only as far as stocks last.
3. The prices stated in an offer are, unless stated otherwise, in Euros and exclusive of 21%
VAT, shipping costs and subject to levies, surcharges and other factors.
4. All statements by KegLand EU of numbers, sizes, weights and colour of the goods in the
designs, drawings, illustrations, photographs or models shown or provided are indications
only. A minor deviation thereof in the article delivered shall not lead to a breach of the
contract on the part of KegLand EU.
5. An offer does not automatically apply to repeat orders.
6. Obvious clerical errors and mistakes in the offer are not binding to KegLand EU.
7. The agreement is concluded if:
Order via the webshop: at the moment that The Customer has correctly completed the
ordering procedure on the KegLand EU website and after the confirmation email of the
agreement sent by KegLand EU has arrived in the mailbox of the email address provided by
The Customer.
Order other than via the webshop: after both parties have signed a written offer, after
KegLand EU has confirmed a written acceptance or after KegLand EU, or a third party on its
behalf, has commenced performance.
8. The agreement is expressly entered into under the suspensive condition of sufficient
availability of the ordered products.
4. Execution and delivery
1. The Customer shall give KegLand EU the opportunity to perform the agreement. The
Customer undertakes to provide the necessary cooperation for the execution of the agreement
by KegLand EU.
2. KegLand EU shall endeavour to fulfil the agreement within the specified/estimated
deadline. This deadline is not fatal, as a result of which The Customer must always first serve
KegLand EU with a notice of default, setting a long and reasonable deadline, before
proceeding to any remedy. The expiry of this period does not allow the Customer to dissolve
the agreement and does not entitle the Customer to damages. The parties shall endeavour to
execute the agreement within a reasonable period after the expiry of this period.
3. If KegLand EU takes care of delivery, The Customer shall provide a delivery address
where KegLand EU can deliver the goods to let the goods be delivered on the specified date.
If The Customer is not present on the indicated date when goods are delivered, the costs of
offering the goods at a later time shall be borne by The Customer. The Customer will then
receive a message that the order can be collected at a location specified by KegLand EU after
payment of the additional costs, which also include the logistic (planning) costs at the storage
location due to unexpected extra storage.
4. If delivery takes place at the premises of KegLand EU and The Customer therefore collects
the goods there, The Customer shall comply with the agreed delivery time date. If The
Customer does not collect the goods on the agreed date, KegLand EU has the possibility to
recover the reasonable costs for storage of the goods from The Customer.
5. KegLand EU is free to have the order and or delivery carried out by third parties. Section
7:404 of the Dutch Civil Code is expressly excluded in the agreement.
6. Delivery of goods shall only take place after conclusion of the agreement. The risk of loss
or depreciation of the goods to be delivered shall pass to The Customer from the moment
they are or were to be made available to him, but this moment has been delayed under The
Customer's responsibility. This irrespective of whether the transfer of ownership has already
taken place.
7. KegLand EU is entitled to execute the agreement in different phases and to invoice the part
thus executed separately. If the agreement is executed in stages, KegLand EU may suspend
the execution of those parts belonging to a subsequent stage until The Customer has approved
in writing the results of the preceding stage. By approval, KegLand EU can no longer be held
liable or defects that could reasonably have been known at the time of approval.
8. Without being in default, KegLand EU may refuse a request to amend the agreement if this
could have qualitative and/or quantitative consequences, for example for the goods to be
delivered in that context.
5. The Customer’s commitments
1. The Customer shall give KegLand EU the opportunity to perform the agreement. The
Customer undertakes to provide the necessary cooperation for the execution of the agreement
by KegLand EU. This includes, inter alia:
(a) Being present at the delivery address provided by The Customer on the agreed delivery
date;
b) Ensuring that KegLand EU has timely access to the approvals (such as consents, etc.) and
data required for the order;
c) ensure that work and/or deliveries to be carried out by third parties, which are not part of
KegLand EU's order, are carried out in such a way and in such a timely manner that the
execution of the order is not delayed.
2. If the obligations in paragraph 1 are not fulfilled (on time), The Customer shall inform
KegLand EU in due time. KegLand EU is entitled to charge The Customer for any additional
costs involved, such as storage, travel or labour costs, as a result.
3. If the obligations in paragraph 1 are not fulfilled (on time), KegLand EU is not obliged to
compensate The Customer for the damage resulting from a delay in the delivery or delivery.
4. The Customer shall ensure that all information, which KegLand EU indicates to be
necessary or which The Customer should reasonably understand to be necessary for the
execution of the agreement, is provided to KegLand EU in good time. The Customer himself
bears the risk and responsibility of correct and timely delivery of the required information
and its content, regardless of how The Customer provides it. If the required information has
not been provided to KegLand EU on time, KegLand EU has the right to suspend the
execution of the agreement and/or to charge The Customer the extra costs resulting from the
delay at the usual rates.
5. Prior to execution, The Customer shall provide KegLand EU with the agreed and required
items and information, such as address and contact details. KegLand EU will assess these to
the best of its knowledge. However, KegLand EU is not liable for any damage caused by the
fact that work was nevertheless performed on the basis of incorrectly provided matters and
information by The Customer.
6. The Customer expressly bears the risk for damages caused by:
(a) Inaccuracies in the constructions and working methods required by The Customer;
b) Defects to/by the movable or immovable property on which or in which the assignment is
performed;
c) Defects in materials or resources made available by The Customer.
7. The Customer warrants that digitally delivered material is secure and does not contain any
viruses or other harmful content, which could in any way damage the computer systems,
computer programmes of KegLand EU and/or third parties.
8. Sections 7:408 and 7:764 of the Dutch Civil Code are excluded in the agreement. The
Customer has no possibility to terminate the agreement prematurely.
6. Retention of title
1. Ownership of the goods to be delivered, contrary to the actual provision of power, shall
only pass to The Customer after The Customer has paid in full all that The Customer owes or
will owe to KegLand EU in respect of the agreement. This therefore includes not only the
purchase price, but also, inter alia, any further fines, additional costs or extrajudicial
collection costs due.
2. Pursuant to this retention of title, The Customer is therefore not entitled to alienate or
encumber the goods with, for example, a pledge.
3. The Customer undertakes, in connection with the effectiveness of the retention of title, to
timely and adequately inform KegLand EU in case of imminent bankruptcy, suspension of
payments, debt restructuring or when third parties threaten to seize any of the goods delivered
with retention of title. The Customer is also obliged to adequately insure the goods delivered
under retention of title against damage and theft.
4. If The Customer is in default of any obligation under the agreement, The Customer is
obliged, at KegLand EU's request, to provide all necessary cooperation that will enable
KegLand EU to again dispose of the delivered goods without encumbrance. This includes
any obligation to return the goods at KegLand EU's request at its own expense.
7. Warranty and liability
1. The Customer accepts that all goods are sold with all known, unknown, visible and
invisible factual and legal defects, charges and limitations.
No warranties are given, other than to the extent warranted by KegLand EU's supplier or
otherwise expressly agreed.
2. The Customer is obliged to check the delivery and performance for conformity with regard
to quantity and quality as soon as possible, but within 24 hours. If the performance does not
meet the conformity agreed on the basis of the agreement, and therefore there is a defect, The
Customer must inform KegLand EU within 8 days after delivery.
3. Following the provision of information as referred to in the previous paragraph, KegLand
EU shall remedy or replace the defect free of charge at its reasonable discretion. If none of
the above two remedies effectively remedy the defect, The Customer has the right to
(partially) rescind the agreement in respect of this defect, whereby The Customer shall bear
the costs of returning the delivered goods. The foregoing applies without The Customer being
entitled to any compensation.
4. If the defect is caused by a fault attributable to The Customer or The Customer has
informed KegLand EU of the defect too late, The Customer's right to repair, replacement or
possible cancellation as described in this article lapses. The burden of proof that the fault is
not attributable to The Customer lies with The Customer.
5. The existence of a defect does not suspend The Customer's payment obligation.
6. The Customer is never entitled to any remedy if the item has been used incorrectly or
carelessly. The Customer is obliged to use the goods in accordance with the appropriate
documents, such as an instruction manual and/or instructions on the packaging of the goods
from KegLand EU. The Customer undertakes to have the goods used only by persons
properly instructed on their use. If the aforementioned is not observed or extras and/or
changes, in any form whatsoever, are made by The Customer, any warranty shall lapse.
7. KegLand EU is liable to The Customer only for direct damage of The Customer and only
in case of intent or gross negligence.
8. Should KegLand EU be liable to The Customer, such liability shall be limited to the
amount paid out under the professional/company liability insurance or other liability
insurance taken out by KegLand EU, but at most (in case there is no insurance to which a
claim can be made) to the amount of the invoice amount from which the damage arose plus
15%.
9. Liability of KegLand EU, except in case of intent or wilful recklessness, does not extend to
consequential damage, indirect damage, immaterial damage, delay damage, property damage,
reduced goodwill, lost sales and/or profit, etc.
10. The Customer shall indemnify KegLand EU for third party damages arising in connection
with the agreement due to the fact that KegLand EU has acted, including an omission, on the
basis of the information, data and documents provided by The Customer incorrectly,
incompletely or late or in deviation of these general conditions.
11. In all cases, the period within which KegLand EU can be held liable for any remedy, such
as compensation for damages, is limited to 12 months after delivery.
8. Prices and payment
1. The offer is made by mutual agreement. By concluding the agreement, the parties consider
the prices to be reasonable and fair.
2. Unless otherwise agreed, The Customer shall pay the sum of money due in full prior to
delivery by KegLand EU. Invoices should in any case be paid within 14 days after receipt of
the invoice by giro transfer. KegLand EU is entitled to send the invoice immediately after the
conclusion of the agreement.
3. If the agreed term of payment is exceeded, KegLand EU is immediately entitled to charge
The Customer default interest of 1% of the principal sum per month as well as an amount for
extrajudicial collection costs. The latter costs amount to 15% of the principal sum due with a
minimum amount of EUR. 40,- excluding VAT.
4. Without the express written consent of KegLand EU, The Customer is not allowed to apply
set-off and/or suspension and/or deduction in respect of his payment obligations.
9. Termination of the agreement
1. KegLand EU has the right to terminate the agreement with The Customer with immediate
effect for the future by written notice without (further) prior notice of default if:
a) The Customer discontinues or otherwise liquidates all or part of its business operations
and/or substantially changes or transfers its business activities to a third party without the
prior written consent of KegLand EU;
b) The Customer is granted suspension of payment (whether provisional or not) or The
Customer is declared bankrupt, The Customer submits a request for application of a debt
rescheduling scheme or The Customer is placed under guardianship or administration;
c) A right accruing to The Customer is seized.
2. In case of termination of the agreement, all payments owed by The Customer to KegLand
EU shall be immediately due and payable in full. If the work is not fully completed, The
Customer shall owe a proportional part of the total sum of money.
3. In case of termination of the agreement, at KegLand EU's request, The Customer shall
provide all necessary cooperation enabling KegLand EU to again dispose of delivered goods
without encumbrance.
10. Force majeure
1. In addition to what is understood in law and jurisprudence, force majeure includes all
external causes, foreseen or unforeseen, which KegLand EU cannot influence. This shall
include war, strikes, traffic disruptions, unforeseeable stagnation, disruptions in energy
supply, transport difficulties, fire, loss or damage during transport, import and/or export
restrictions, pandemics, epidemics, shortcomings of third parties on which KegLand EU
depends in the execution of the agreement with The Customer, epidemics, pandemics and
government measures.
2. During force majeure, obligations of KegLand EU shall be suspended. If fulfilment due to
force majeure is impossible for more than one month, or if there are other circumstances that
make it disproportionately difficult for KegLand EU to fulfil its obligations, KegLand EU is
entitled to dissolve the agreement, in whole or in part, by a communication to The Customer
and without judicial intervention, without any obligation to pay damages in that case.
3. If KegLand EU has already fulfilled part of its obligations when force majeure occurs, it is
entitled to invoice the part already delivered or performed separately, or, in the case of
advance payments, to credit part of them.
4. In case of (interim) dissolution of the agreement, all payments due by The Customer to
KegLand EU shall be immediately due and payable in full.
11. Intellectual property rights
1. KegLand EU reserves its rights and powers under the Copyright Act and other intellectual
property laws and regulations.
2. The trademarks, images, logos and photographs used and displayed on the KegLand EU
website and goods are registered or unregistered trademarks of KegLand EU or third parties
and may not be used commercially without the prior consent of the owner of those
trademarks.
12. Forum, choice of law and transfer of rights
1. KegLand EU is authorised to transfer its rights and obligations under this agreement to a
third party. The Customer is authorised to transfer its rights and obligations to a third party
only with the written consent of KegLand EU.
2. This - and other - agreement(s) concluded between the parties is exclusively governed by
Dutch law, with the explicit exception of the Vienna Sales Convention. Should an obligation
arise between the parties in the future, other than as a result of a agreement, that obligation
shall also be governed by Dutch law.
3. In case a dispute arises from the agreement between the parties, the exclusive absolute
competent court is the court in the district under which KegLand EU's place of business falls.
In the event a dispute arises between the parties regarding non-contractual obligations, the
exclusive absolute competent court is also the court in the district in which KegLand EU has
its place of business.
13. Right of withdrawal
1. This article only applies if The Customer is a natural person acting for purposes outside his
business or professional activities and the agreement is not concluded in the physical shop,
but remotely, e.g. via the web shop.
2. In principle, the Customer has the right to revoke the agreement within a period of 14 days
without giving reasons. However, the Customer shall have no right of withdrawal if the
delivery of goods manufactured according to The Customer's specifications, which are not
prefabricated and which are manufactured on the basis of an individual choice or decision of
The Customer, or which are clearly intended for a specific person.
3. The withdrawal period shall expire 14 days from the day on which The Customer or a third
party designated by The Customer, who is not the carrier, takes physical possession of the
good or, for agreements where The Customer has ordered several goods to be delivered
separately in the same order, the day on which The Customer or a third party designated by
The Customer, who is not the carrier, takes physical possession of the last good.
4. To exercise the right of withdrawal, The Customer must inform KegLand EU, by an
unequivocal statement (e.g. in writing by post, fax or e-mail) of the decision to withdraw
from the agreement. For this purpose, the Customer may use the attached model withdrawal
form as shown in paragraph 7 of this article or download it via this link, but is not obliged to
do so.
5. To comply with the withdrawal period, it is sufficient to send the communication
concerning the exercise of the right of withdrawal before the withdrawal period has expired.
6. If The Customer withdraws from the agreement, The Customer shall receive back from
KegLand EU all payments made by The Customer up to that point, including delivery costs
(with the exception of any additional costs resulting from The Customer's choice of a mode
of delivery other than the (cheapest) standard delivery offered by KegLand EU) without
undue delay and in any event not later than 14 days after KegLand EU has been informed of
the decision to withdraw from the agreement. KegLand EU shall reimburse The Customer
using the same means of payment with which The Customer made the original transaction,
unless The Customer has expressly agreed otherwise; in any event, The Customer shall not be
charged for such reimbursement. KegLand EU is entitled to wait to refund until it has
received the goods back, or The Customer has proved that The Customer has returned the
goods, whichever time comes first. The Customer shall return or hand over the goods to
KegLand EU without delay, but in any event no later than 14 days from the day on which
The Customer communicated the decision to withdraw from the agreement to KegLand EU.
The Customer is on time if The Customer returns the goods before the period of 14 days has
expired. The direct costs of returning the goods shall be borne by The Customer. The
Customer is only liable for the depreciation of the goods resulting from the use of the goods
beyond what is necessary to establish the nature, characteristics and functioning of the goods.
7. Model withdrawal form; in order to facilitate the withdrawal for The Customer, KegLand
EU provides The Customer with the form mentioned below. The Customer may use this form
to withdraw from the agreement.
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To KegLand EU
Biezenkamp 21 a
6691 EJ in Gendt
The Netherlands
info@kegland.eu
www.kegland.eu
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the
following goods/provision of the following service (*)
- Ordered on (*)/Received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date(*)
ã These general terms and conditions have been drawn up by Bleijerveld Juridisch advies
www.bleijerveldjuridischadvies.nl