General terms and conditions

Article 1 Applicability

1.1 In these terms the following definitions apply:

• "KUUS.": a brand of WCMK b.v., established in Horst and registered in the trade register under number 80867677, and its affiliated companies;
• "product" or "products": the products offered or supplied by KUUS. for anti-spy or GPS tracking, plus accessories and other goods;
• "service" or "services": services supplied by KUUS., including designs for webcam covers on business orders;
• "customer": the current or potential buyer of KUUS. products or services;
• "consumer": a customer who is not acting in the course of a profession or business;
• "business customer": a customer who is acting in the course of a profession or business.

1.2 These terms apply to all offers by KUUS. and to all agreements concluded with KUUS. as well as to their performance.

1.3 These terms apply to the exclusion of any terms used by the (potential) customer.

Article 2 Offers, orders and agreements

2.1 All offers by KUUS. are without obligation. Orders and acceptances of offers by the customer are irrevocable.

2.2 An agreement between KUUS. and the customer is formed once the customer has provided all details requested by KUUS. and KUUS. has confirmed the order in writing or has begun performance.

2.3 Verbal promises or arrangements by or with its staff only bind KUUS. if confirmed in writing by an authorised representative.

2.4 Inaccuracies in the order confirmation from KUUS. must be reported to KUUS. in writing within 5 days of the date of the order confirmation; failing that, the order confirmation is deemed to represent the agreement correctly and completely and the customer is bound by it.

Article 3 Information and conformity

3.1 If the products ordered by the customer are intended for use outside the Netherlands, the customer must satisfy themselves that the products and the accompanying packaging, manuals and similar meet all requirements applicable in the country of destination. Use of the products and compliance with government provisions are at the customer's risk.

Article 4 Intellectual property

4.1 All intellectual and industrial property rights relating to the products and their design, and to everything KUUS. develops, produces or supplies, including manuals, packaging, catalogues and images, belong to KUUS.

4.2 The customer may not remove or change any indication of patents, copyrights, trademarks, trade names or other intellectual or industrial property rights from the products. The customer is prohibited from using trademarks, logos or images of the products in or for advertising for third party products.

4.3 The customer may only offer, sell and supply the products under the trademark, logo and packaging that KUUS. or its supplier has assigned to the products.

4.4 The intellectual property rights relating to the KUUS. website(s), their design and the descriptions, images, photos, video clips and other information contained on them, in whatever form, belong to or are licensed by KUUS. or a company affiliated with KUUS. and may not be used without permission from KUUS.

Article 5 Prices

5.1 The purchase price owed by the customer and additional costs for transport, VAT, (warranty) insurance and any other costs or surcharges are clearly stated in the KUUS. order confirmation and invoice.

5.2 The prices stated on the KUUS. website are without obligation and subject to change.

Article 6 Delivery

6.1 Stated delivery times start once KUUS. has received the purchase price owed by the customer and any additional costs in its bank account. Delivery times are not to be regarded as strict deadlines. Exceeding a delivery time does not oblige KUUS. to pay compensation and does not entitle the customer to fail to perform or suspend their obligations under the agreement.

6.2 In addition to the option mentioned in article 12 below, a consumer is entitled to dissolve the agreement if and to the extent that KUUS. has not performed the agreement within 30 days of the initially stated or agreed delivery time. KUUS. owes no compensation in that case.

6.3 The delivery time is based on the working conditions applicable at the time the agreement is concluded and on timely delivery of the goods KUUS. needs to perform the agreement. If a change in working conditions or the late delivery of goods needed by KUUS. causes a delay, the delivery time is extended as necessary.

6.4 Unless the parties have expressly agreed otherwise, delivery takes place Ex Works (Incoterms 2010). KUUS. arranges transport to the customer. The risk of damage and/or loss of products lies with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

6.5 The customer is obliged to take receipt of the products immediately on arrival at the destination. On delivery the risk passes to the customer.

6.6 If a product ordered by the customer is no longer available, at least not within a reasonable period, KUUS. will, where reasonably possible, supply a product equivalent to the ordered product at the same price.

6.7 If the customer does not take receipt of the products or does not collect them, they are stored at the customer's expense and risk for as long as KUUS. deems appropriate. In this case KUUS. is at all times entitled either to demand performance of the agreement or to dissolve the agreement out of court, without prejudice to its rights to compensation for loss suffered and profit missed, including storage costs.

6.8 KUUS. is not obliged to honour a customer request for redelivery or later delivery. If KUUS. does so anyway, the associated costs are for the customer's account.

6.9 KUUS. is entitled to perform an agreement in parts and to demand payment for the part that has been performed.

6.10 Unless agreed otherwise in writing, spare parts are always supplied cash on delivery.

Article 7 Force majeure

7.1 If KUUS. is prevented by force majeure from performing the agreement, it is entitled to suspend performance and can no longer be held to any delivery time. In that case the customer has no right to compensation for damage, costs or interest.

7.2 Force majeure includes: war, threat of war, strikes, fire, water damage, accident or illness of staff, operational disruption, stagnation in transport, obstructive statutory provisions, import or export restrictions, problems in production or transport unforeseen by KUUS. and any other circumstance not solely dependent on the will of KUUS., such as failure or late delivery of goods or services by third parties engaged by KUUS.

7.3 In a force majeure situation KUUS. is entitled to dissolve the agreement for the part that cannot be performed by written statement. If the force majeure situation lasts longer than 6 weeks, the customer is also entitled to dissolve the agreement for the part that cannot be performed by written statement.

7.4 If KUUS. has already partly met its obligations when the force majeure situation arises, or can only partly meet them, it is entitled to invoice the part already delivered or deliverable separately, and the customer is obliged to pay that invoice as if it were a separate agreement.

Article 8 Warranty and complaints

8.1 KUUS. warrants the soundness of the products and services supplied in line with what the customer may reasonably expect under the agreement and in line with the terms of the manufacturer's warranty accompanying the product. Should defects nevertheless occur in a product supplied by KUUS. as a result of manufacturing or material faults, KUUS. will repair the product in line with the terms of the manufacturer's warranty or replace it in whole or in part.

8.2 The warranty applies for the duration of the manufacturer's warranty applicable to the product and only on presentation of the original KUUS. invoice.

8.3 The warranty does not cover defects that arise from or are partly caused by normal wear and tear, failure to observe the instructions in the manual, improper use, repairs or other work by third parties or by the customer without prior written permission from KUUS. KUUS. is not liable for such defects or any damage resulting from them.

8.4 The customer must inspect the supplied products carefully immediately on receipt. Any complaint regarding the quantity of products supplied and transport damage must be noted on the consignment note or delivery note on delivery; failing that, the consignment note or delivery note provides conclusive evidence against the business customer that the correct quantity of products was received and that these products were received free of transport damage.

8.5 The business customer must submit any complaints about the products or services to KUUS. within a reasonable time after discovery. A reasonable time means a period of 30 days after the customer discovered the defect or should reasonably have discovered it. Failing to complain in time results in the loss of rights to repair, dissolution and/or compensation.

8.6 If the customer complains, they are obliged to give KUUS. the opportunity to carry out an inspection to establish the shortcoming. The customer is obliged to keep the products complained about available to KUUS., on pain of forfeiting any right to complain and/or to replacement.

8.7 Return of sold products to KUUS., for whatever reason, can only take place after prior written approval from KUUS., stating the return number assigned by KUUS. and only on the basis of a return request in line with the return procedure described on the KUUS. website. With a return request the customer must provide all details described in the return procedure. KUUS. reserves the right not to honour return requests. Shipping or transport and all associated costs are for the customer's account. The products remain at the customer's risk at all times. KUUS. will reimburse the transport or shipping costs it has approved if it is established that there is a shortcoming attributable to KUUS.

8.8 The customer must notify KUUS. in writing of any inaccuracies in KUUS. invoices within 5 days of the invoice date; failing that, the customer is deemed to have approved the invoice.

8.9 Complaints do not suspend the payment obligations of the business customer.

8.10 After establishing a shortcoming in a product, the customer is obliged to do everything that prevents or limits damage, expressly including immediately ceasing use and resale.

8.11 These warranty provisions apply to the consumer in addition to the rights the consumer has by law, and only if and to the extent that deviation from those rights is permitted.

8.12 Separate repair conditions apply to repairs. Where KUUS. does not apply those, KUUS. reserves the right to require full payment of the repair costs before releasing the repaired goods.

Article 9 Liability

9.1 The liability provisions set out below apply to business customers and, where legally permitted, also to consumers.

9.2 Apart from what is provided in article 8, the customer has no claim against KUUS. for defects in or relating to the products or services supplied by KUUS.

9.3 All advice given or statements made on the KUUS. website(s), including about the properties of products or services to be supplied by KUUS., are entirely without obligation and given without any warranty. KUUS. is not liable for any direct or indirect damage arising from the provision of information and/or advice.

9.4 The liability of KUUS. for damage resulting from an attributable failure to perform the agreement, from tort or otherwise, is excluded to the extent permitted by mandatory law.

9.5 Where KUUS. is liable for damage on the basis of a mandatory statutory provision, the liability of KUUS. per event (a series of consecutive events counts as one event) is limited to the amount paid out under the liability insurance of KUUS. in that case.

9.6 If for whatever reason no payment is made under the insurance referred to in the previous paragraph, the liability of KUUS. is limited to the invoice value (excluding VAT) of the products or services supplied in connection with which the damage was caused. In all cases the liability of KUUS. is limited to compensation for direct damage up to an amount of 1,000 euro. Direct damage means only:

• material damage to property;
• reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based; and
• reasonable costs incurred to establish the cause of the damage.

9.7 The liability of KUUS. for indirect damage is excluded in all cases. Indirect damage is any damage that is not direct damage as defined in the previous paragraph, and includes but is not limited to consequential loss, loss of profit, loss of goods, loss of expected savings, loss of information, or any other financial loss or loss of goodwill or reputation.

9.8 The exclusions and limitations in this article do not apply if and to the extent that the damage was caused by intent or conscious recklessness on the part of KUUS. and/or its management.

9.9 Unless performance of the agreement by KUUS. is permanently impossible, the liability of KUUS. for an attributable failure to perform only arises if the customer gives KUUS. written notice of default without delay, setting a reasonable period for remedying the shortcoming, and KUUS. continues to fail attributably to meet its obligations after that period. The notice of default must contain as complete and detailed a description of the shortcomings as possible, so that KUUS. is able to respond adequately.

9.10 Any claim for damages by the customer that has not been specified and explicitly reported by the customer lapses within a period of twelve (12) months after the claim arose. This is without prejudice to the customer's duty to complain.

9.11 These liability provisions apply to the consumer in addition to the rights the consumer has by law, and only if and to the extent that deviation from those rights is permitted.

Article 10 Retention of title

10.1 To the extent permitted by law, KUUS. retains title to the products supplied and to be supplied until its claims relating to those products have been fully settled by the customer, including claims for failure to perform one or more agreements.

10.2 If the business customer is in default of their obligations, KUUS. is entitled to retrieve, or have retrieved, the products belonging to it at the customer's expense from the place where they are located.

10.3 The business customer is not entitled to pledge the products not yet paid for or to transfer title to them other than in the normal course of business. This clause excludes the transferability of the customer's claims within the meaning of article 3:83 paragraph 2 of the Dutch Civil Code.

10.4 The business customer is obliged to store the products delivered under retention of title with due care and as recognisable property of KUUS.

10.5 The business customer has no right of retention against KUUS. over the products supplied by KUUS.

Article 11 Payment

11.1 Unless agreed otherwise in writing, payment for the products must be made before delivery and only in the manner indicated by KUUS.

11.2 KUUS. is at all times entitled to demand full or partial advance payment and/or to obtain security for payment from the business customer in another way.

11.3 For the business customer: if payment is not received on time, the customer owes interest on the invoice amount of 1% per month without further notice of default, calculated from the due date up to and including the day of payment.

11.4 All costs associated with collection are for the account of the business customer. For the business customer the extrajudicial collection costs amount to at least 15% of the amount to be collected, with a minimum of EUR 250. For the consumer the extrajudicial collection costs are calculated in accordance with the Dutch decree on compensation for extrajudicial collection costs.

11.5 The business customer waives any right to set off amounts owed both ways.

11.6 Payments in the webshop are handled by payment service provider Mollie. Your details are shared with Mollie only for the payment.

11.7 The entire invoice amount becomes immediately and fully due if an agreed instalment is not paid promptly on the due date, and also if the customer becomes insolvent, applies for a (provisional) suspension of payment, becomes subject to the statutory debt restructuring scheme or has been placed under guardianship, when any attachment is made on the goods and/or claims of the customer, or when the customer is liquidated or dissolved. If any of the above situations occurs, the customer is obliged to inform KUUS. immediately.

11.8 Payments made by the customer are first applied to the costs owed, then to the interest owed and then to the claims that have been outstanding longest, even if the customer states that the payment relates to another claim and/or a later invoice.

Article 12 Cancellation and cooling-off period

12.1 A business customer may not cancel the purchase of products. If a business customer nevertheless cancels a purchase, they are obliged to compensate KUUS. for all costs reasonably incurred with a view to performing the agreement, the loss of profit and other damage, plus VAT. The loss of profit is set at at least 20% of the agreed sales price.

12.2 A consumer may dissolve the agreement concluded with KUUS. without giving reasons within 14 days of receiving the products. That cooling-off period starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

• if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. KUUS. may refuse an order of several products with different delivery times, provided it informed the consumer clearly about this before the ordering process.
• 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, received the last shipment or part;
• for agreements for regular delivery of products over a set period: the day on which the consumer, or a third party designated by them, received the first product.

12.3 If the consumer uses this right of dissolution, they must notify KUUS. following the procedure described on the KUUS. website and using the model form provided for that purpose. After registering the return, the consumer has 14 days to send the product back.

12.4 The purchase amount paid by the consumer will be refunded within 14 days of dissolution and receipt of the products, less any reduction in value if the customer returns the product broken or damaged. KUUS. is not responsible for the processing times banks apply when handling refunds.

12.5 KUUS. is entitled to deduct a reduction in value from the amount to be refunded for returned products that are no longer in the condition in which they were delivered to the consumer, meaning including original packaging, manuals and warranty documents.

Article 13 Obligations of the consumer during the cooling-off period

13.1 During the cooling-off period the customer will handle the product and packaging with care. They will only unpack or use the product to the extent needed to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to in a shop.

Article 14 Privacy and security

14.1 KUUS. respects the customer's privacy. KUUS. will process the customer's personal data in accordance with applicable privacy legislation and with the privacy statement available on the KUUS. website. The customer consents to this processing of their personal data. KUUS. applies appropriate security measures to protect the customer's personal data.

Article 15 Laws and regulations

15.1 The customer warrants that they will at all times use the products supplied in accordance with applicable laws and regulations. KUUS. is never liable for any damage resulting from the customer using the supplied products contrary to applicable laws and regulations.

Article 16 Duty to complain

16.1 The buyer is obliged to report complaints about the work carried out to the seller immediately. The complaint contains as detailed a description of the shortcoming as possible, so the seller is able to respond adequately. The customer should raise the complaint by sending an email to support@kuus.shop. If that does not lead to a solution, the customer can report the dispute for mediation through the WebwinkelKeur foundation.

16.2 Since 15 February 2016 consumers in the EU can also submit complaints through the European Commission's ODR platform. That platform can be found at http://ec.europa.eu/odr. As long as your complaint is not already being handled elsewhere, you are free to submit it through the European Union platform.

16.3 If a complaint is well founded, the seller is obliged to repair the goods and, where necessary, replace them.

Article 17 Final provisions

17.1 The nullity or voidability of any provision of these terms or of agreements to which these terms apply does not affect the validity of the remaining provisions. KUUS. and the customer are obliged to replace provisions that are null or void with valid provisions with as far as possible the same effect as the null or voided provision.

17.2 The place of performance of the agreement is deemed to be the place where KUUS. is established.

17.3 In the event of disagreement about the interpretation of these general terms and conditions, the Dutch text is binding.

17.4 All disputes between KUUS. and the customer will be settled exclusively by the competent court in the district of Limburg, the Netherlands, or by the WebwinkelKeur disputes committee, unless another court has jurisdiction over a dispute with the consumer under mandatory law. By way of exception, KUUS. is entitled to turn to the court of the customer's place of residence or establishment if that place lies outside the Netherlands.

Version January 2025