Terms and Conditions

Index:

Article 1 – Definitions

Article 2 – Identity of the Seller

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Obligations of the Buyer during the cooling-off period

Article 8 – Exercise of the right of withdrawal by the Buyer and costs thereof

Article 9 – Obligations of the Seller in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Compliance and warranty

Article 13 – Delivery and implementation

Article 14 – Duration transactions: duration, cancellation and duration

Article 15 – Payment

Article 16 – Complaints

Article 17 – Disputes

Article 18 – Additional or different definitions 

Article 1 – Definitions

The following definitions apply in these terms and conditions:

  1. Additional agreement: an agreement whereby the Buyer acquires products in connection with a distance agreement and these goods are supplied by the Seller or by a third party on the basis of an agreement between that third party and the Seller;
  2. Withdrawal period: the period within which the Buyer can make use of his right of withdrawal;
  3. Buyer: the consumer, the person who does not act for purposes related to his trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods during a certain period;
  7. Sustainable data carrier: any tool – including e-mail – that enables the Buyer or Seller to store information that is addressed to him personally in a way that future consultation or use during a period that is geared to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the ability of the Buyer to cancel the distance agreement within the cooling-off period;
  9. Seller: the person or business who offers products, (access to) digital content and / or services to Buyers remotely;
  10. Distance agreement: an agreement concluded between the Seller and the Buyer within the framework of an organized system for distance selling of products whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
  11. Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions. Annex I does not have to be made available if the Buyer has no right of withdrawal with regard to his order;
  12. Technology for distance communication: means that can be used to conclude an agreement, without the Buyer and seller having to come together in the same room at the same time.

Article 2 – Identity of the Seller

CROWD Company B.V.

Tivolistraat 6, 5017HP Tilburg

The Netherlands

Telephone number: +31135906638 (Monday to Friday 8.30 a.m. – 5.00 p.m CEST)

E-mail address: tacco@crowdcookware.com 

Chamber of Commerce number: 74639684

VAT identification number: NL859977316B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the Seller and to every distance contract concluded between the Seller and the Buyer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the Buyer. If this is not reasonably possible, the Seller will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at the Seller and that they will be sent free of charge as soon as possible at the request of the Buyer.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the Buyer electronically in such a way that it is Buyer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the Buyer.
  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 similar applications and in the event of conflicting conditions the Buyer can always invoke the applicable conditions that are most relevant. 

Article 4 – The offer

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Buyer. If the Seller uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the Seller.
  3. Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the Buyer accepts the offer and meets the corresponding conditions.
  2. If the Buyer has accepted the offer electronically, the Seller will immediately confirm receipt of the acceptance of the offer electronically. As long as the Seller has not confirmed receipt of this acceptance, the Buyer can terminate the agreement.
  3. If the agreement is concluded electronically, the Seller will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the Buyer can pay electronically, the Seller will take appropriate security measures. In the case Kickstarter.com or Indiegogo.com has been used for the purchase of the product, Seller uses STRIPE payments. Stripe offers technical, fraud prevention and banking infrastructure needed to manage online payments.  
  4. The Seller can – within the law – inform himself if the Buyer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the Seller has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. The Seller will send the following information to the Buyer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the Buyer in an accessible manner on a durable medium:
    1. the visiting address of the establishment of the Seller where the Buyer can go with complaints;
    2. the conditions under which and the way in which the Buyer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. The information about guarantees and existing service after purchase;
    4. 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 implementation of the distance agreement;
    5. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    6. if the Buyer has a right of withdrawal, the model form for withdrawal.
  1. In the case of an extended transaction, the provision in the previous paragraph 

applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

  1. The Buyer can terminate an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The Seller may ask the Buyer about the reason for withdrawal, but not oblige him to state his reason (s). When purchasing a product via Kickstarter.com or Indiegogo other rules apply. Please check the general terms and conditions applicable: https://help.kickstarter.com/hc/en-us/sections/115001119854-Managing-your-pledge
  2. The cooling-off period referred to in paragraph 1 starts on the day after the Buyer, or a third party designated by the Buyer in advance, who is not the carrier, has received the product, or:
    1. if the Buyer has ordered several products in the same order: the day on which the Buyer, or a third party designated by him, has received the last product. The Seller may, provided that he has clearly informed the Buyer prior to the ordering process, refuse an order for several products with a different delivery time
    2. if the delivery of a product consists of several shipments or parts: the day on which the Buyer, or a third party designated by him, has received the last shipment or part;
    3. for agreements for regular delivery of products during a certain period: the day on which the Buyer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a tangible medium:

  1. The Buyer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The Seller may ask the Buyer about the reason for withdrawal, but not oblige him to state his reason (s).
  2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

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

  1. If the Seller has not provided the Buyer with the legally required information about the right of withdrawal or the model form for withdrawal, 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.
  2. If the Seller has provided the Buyer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the Buyer received that information.

Article 7 – Obligations of the Buyer during the cooling-off period

  1. During the cooling-off period, the Buyer will handle the product and packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the Buyer may only handle and inspect the product as he would be allowed to do in a store.
  2. The Buyer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The Buyer is not liable for value reduction of the product if the Seller has not provided him 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 Buyer and costs thereof

  1. If the Buyer makes use of his right of withdrawal, he must report this to the Seller within the withdrawal period by means of the model form for withdrawal 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 Buyer returns the product or hands it to (an agent of) the Seller. This is not necessary if the Seller has offered to collect the product himself. The Buyer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The Buyer 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 Seller.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.
  5. The Buyer bears the direct costs of returning the product. If the Seller has not reported that the Buyer must bear these costs or if the Seller indicates to bear the costs himself, the Buyer does not have to bear the costs for return.
  6. If the Buyer cancels after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that are not made ready for sale start in a limited volume or quantity during the cooling-off period, the Buyer is the the Seller owes an amount that is proportional to that part of the commitment that the Seller fulfilled at the time of cancellation, compared to the full compliance with the commitment.
  7. The Buyer does not bear any costs for the performance of services or the supply of water, gas or electricity that are not made ready for sale in a limited volume or quantity, or for the supply of district heating if:
    1. the seller has not provided the Buyer with the legally required information about the right of withdrawal, the reimbursement of costs or the model form for withdrawal, or;
    2. the Buyer did not explicitly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
  8. The Buyer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
    1. prior to delivery, he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period;
    2. he has not acknowledged that he has lost his right of withdrawal when granting his permission; or
    3. the Seller has failed to confirm this statement from the Buyer.
  9. If the Buyer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the Seller in case of withdrawal

  1. If the seller makes it possible for the Buyer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
  2. The Seller reimburses all payments made by the Buyer, including any delivery costs charged by the Seller for the returned product, without delay but within 14 days following the day on which the Buyer notifies him of the cancellation. Unless the Seller offers to collect the product himself, he may wait to pay back until he has received the product or until the Buyer demonstrates that he has sent back the product, whichever is the earlier.
  3. The Seller uses the same payment method that the Buyer used for reimbursement, unless the Buyer agrees to a different method. The reimbursement is free of charge for the Buyer.
  4. If the Buyer has opted for a more expensive method of delivery than the cheapest standard delivery, the Seller does not have to pay back the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

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

  1. Products or services whose price depends on fluctuations in the financial market over which the Seller has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction means a sales method in which products are offered by the Seller to the Buyer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products;
  3. Service contracts, after full performance of the service, but only if:
    1. the performance has begun with the express prior consent of the Buyer; and
    2. the Buyer has stated that he loses his right of withdrawal once the Seller has fully executed the agreement;
  4. Package travel as referred to in Article 7: 500 of the Dutch Civil Code and passenger transport agreements;
  5. Service contracts for the provision of accommodation, if a specific date or period of execution is provided for in the contract and other than for residential purposes, goods transport, car rental services and catering;
  6. Agreements related to leisure activities, if a specific date or period of execution is provided for in the agreement;
  7. Products manufactured to the Buyer’s specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Buyer, or that are clearly intended for a specific person;
  8. Products that spoil quickly or have a limited shelf life;
  9. Sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery;
  10. Products that are irrevocably mixed with other products after delivery due to their nature;
  11. Alcoholic beverages the price of which was agreed at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the Seller has no influence;
  12. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  13. Newspapers, magazines or magazines, with the exception of subscriptions to them;
  14. The delivery of digital content other than on a material medium, but only if:
    1. the performance has begun with the express prior consent of the Buyer; and
    2. the Buyer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

  1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the Seller can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the Seller has no influence. This link to fluctuations and the fact that any stated prices are target prices are 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 Seller has stipulated this and:
    1. they are the result of statutory regulations or provisions; or
    2. the Buyer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the range of products or services include VAT.

Article 12 – Compliance with agreement and warranty

  1. The Seller 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 existing on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the Seller also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the seller, his supplier, manufacturer or importer never limits the legal rights and claims that the Buyer can assert against the seller on the basis of the agreement if the seller has failed to fulfill his part of the contract. agreement.
  3. An additional guarantee is understood to mean any obligation of the Seller, his supplier, importer or producer in which he grants the Buyer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
  4. Specific for our Wigbold offer on Kickstarter.com, we promise Lifelong sharpness:

With the Wigbold, you have received a sharpening stone, so you can re-sharp your knife at home. Our Instruction shows you how to sharpen your knife. 

Are you unable to re-sharp your knife? Then our pirate code gets you off the hook: send your Wigbold chef’s knife to our Crowd Cookware’s crow’s nest and we’ll return it razor-sharp for free. Sharp for decades, without losing the stature of a pirate cutlass.

Attn: CROWD Company B.V., Tivolistraat 6, 5017HP, Tilburg, The Netherlands.

  1. All our products are fully guaranteed against defects in materials and/ or craftsmanship.

The Wigbold if suitable for non-commercial daily use. CROWD Cookware gives a three year warranty.

The warranty covers the handle of the blade, this must not tear, break or loosen during the warranty period. The warranty also covers the sharpness of the blade. Please check our maintenance guide for the correct use of the knife and our re-sharpen instruction to sharpen your knife periodically. 

The Warranty does not cover damage resulting from use other than the intended purpose of 

the item. This warranty does not cover any external changes to the blade, it does not apply 

to knives which are incorrectly stored, misused or cleaned with the wrong cleaning methods 

or agents. This does not cover normal wear and tear, notches, scratches or damage caused

 by impacts or accidents. It does not apply if the product is outside or located in a humid 

environment. This warranty covers no consequential damage. 

Article 13 – Delivery and implementation

  1. The seller will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the Buyer has made known to the Seller.
  3. Taking into account what is stated about this in Article 4 of these general terms and conditions, the seller will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Buyer will be notified of this no later than 30 days after he has placed the order. In that case, the Buyer has the right to terminate the contract without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the Seller will immediately refund the amount that the Buyer has paid.
  5. The risk of damage and / or loss of products rests with the Seller until the moment of delivery to the Buyer or a representative designated in advance and made known to the Seller, unless explicitly agreed otherwise.
  6. Specific for Kickstarter.com orders, after the lock-order-date on Kickstarter Buyers can not change their pledge any more. 
  7. Specific for Kickstarter.com orders, when Buyers receive a Lock-address with final notice email. when Buyers fail to submit their address after receiving this email orders will not be sent anymore.
  8. Packages that are returned to us for any of the following reasons are subject to actual shipping and return charges. This includes the following:
  • Packages which are undeliverable due to an incorrect address;
  • Packages returned after 2 failed delivery attempts or unclaimed at the local postal facility;
  • Packages which are refused or returned to sender;
  • Packages which are delivered and not correct should be declared to CROWD Company BV within 2 weeks after receivement of the package by the recipient in order for CROWD Company to claim the costs with the drop shipper. When declared after 2 weeks additional costs will be for the recipient. 

To avoid additional charges, please double check your address and make sure the recipient knows the package is coming. 

Article 14 – Duration transactions: duration, cancellation and duration

Cancellation:

  1. The Buyer can at all times cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of one month at most.
  2. The Buyer can at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services with due observance of the agreed termination rules and a cancellation period of one month at most.
  3. The Buyer can the agreements mentioned in the previous paragraphs:
    • cancel at any time and are not limited to cancellation at a specific time or during a specific period;
    • cancel at least in the same way as they are entered into by him;
    • always cancel with the same cancellation period as the Seller has stipulated for himself.

Extension:

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
  2. Contrary to the previous paragraph, a contract that has been entered into for a definite period of time and that extends to the regular delivery of daily, weekly and weekly newspapers and magazines may be tacitly renewed for a specific duration of a maximum of three months, if the Buyer extended this can terminate the agreement by the end of the extension with a notice period of at most one month.
  3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the Buyer may cancel at any time with a notice period of one month at most. The notice period is at most three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the Buyer may cancel the agreement at any time after one year with a cancellation period of at most one month, unless reasonableness and fairness are opposed to cancellation before the end of the agreed duration. resist.

Article 15 – Payment

  1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the Buyer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the Buyer has received the confirmation of the agreement.
  2. When selling products to Buyers, the general terms and conditions may never oblige the Buyer to pay more than 50% in advance. When an advance payment is stipulated, the Buyer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
  3. The Buyer has the duty to immediately report inaccuracies in payment data provided or specified to the Seller.
  4. If the Buyer does not meet his payment obligation (s) in time, this is, after he has been informed by the Seller of the late payment and the Seller has granted the Buyer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, the statutory interest is due on the amount still due and the Seller is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The Seller can, for the benefit of the Buyer, deviate from the stated amounts and percentages.

Article 16 – Complaints

  1. The Seller has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the Seller within a reasonable time after the Buyer has found the defects.
  3. Complaints submitted to the Seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Seller will respond within a period of 14 days with a message of receipt and an indication when the Buyer can expect a more detailed answer.
  4. The Buyer must at least give the Seller 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.
  5. When your product anomaly qualifies within the warranty (article 13), please send us an email first with your contact details and photos of the anomaly itself. Our customer service will reach out and let you know how we will handle the issue at hand. The email can be sent to: tacco@crowdcookware.com

Normally you will get a reply within 48 hours on business days. 

When returning a Wigbold, please keep in mind that the item must be wrapped to protect all points and edges from cutting through the outer carton in which they are send. Return the item insured with tracking to the address below:

Attn: CROWD Company B.V., Tivolistraat 6, 5017HP, Tilburg, The Netherlands.

Please allow 10 business days upon receipt to process your return. 

Include a letter with your order number and contact details in the package. 

For an example letter, please check Appendix I.

Article 17 – Disputes

Dutch law applies exclusively to agreements between the Seller and the Buyer to which these general terms and conditions apply.

Article 18 – Additional or different definitions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the Buyer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the Buyer.