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Terms of Service


Article 1 – Definitions

In these terms of service, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise the right of withdrawal;

  • Consumer: the natural person not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Long-term transaction: a distance contract concerning a series of products and/or services where the delivery and/or purchase obligation is spread over time;

  • Durable data carrier: any tool that allows the consumer or entrepreneur to store personal information in a way that enables future consultation and unaltered reproduction of that information;

  • Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

  • Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

  • Distance contract: an agreement concluded through an organized system for remote sales of products and/or services, using one or more means of distance communication exclusively until the contract is concluded;

  • Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same location simultaneously;

  • Terms and Conditions: these current Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Business name: CKA Products

  • Chamber of Commerce number: 97544566

  • Trade name: Smith & North

  • VAT Number: 

  • Customer service email: info@smith-north.com

  • Business adress: Paul Krugerstraat 38, 3072 GM Rotterdam

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract or order concluded between the entrepreneur and the consumer.

Before a distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate where the terms and conditions can be viewed and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the terms and conditions will be provided electronically in a format that can easily be stored on a durable medium. If that’s not possible, the entrepreneur will indicate how they can be accessed electronically or sent by other means at no cost.

If, in addition to these terms, product or service-specific terms apply, the consumer may rely on the more favorable provision in the event of conflicting conditions.

If any provision in these terms is invalid or annulled, the remainder of the agreement remains in force, and the invalid provision will be replaced by a provision with similar intent.

Situations not covered by these terms must be interpreted “in the spirit” of these terms. Ambiguities should be resolved in the same manner.

Article 4 – The Offer

If an offer is valid for a limited period or subject to conditions, this will be clearly stated.

Offers are non-binding. The entrepreneur may adjust or revoke them.

Every offer includes a complete and accurate description of the products or services. Descriptions are detailed enough for the consumer to assess the offer properly. Images are realistic representations of the products or services. Obvious errors or mistakes are not binding.

Images and descriptions are indicative and cannot be the basis for compensation or cancellation.

Color accuracy cannot be fully guaranteed due to potential screen differences.

Each offer includes clear information about:

  • The price

  • Any shipping costs;

  • How the contract is concluded and which steps are needed;

  • Whether the right of withdrawal applies;

  • Payment, delivery, and performance terms;

  • Validity of the offer or price guarantee period;

  • Cost of communication if different from the base rate;

  • Whether the contract will be archived and how the consumer can access it;

  • How the consumer can review and correct personal data;

  • Available languages;

  • Codes of conduct the entrepreneur follows and how to access them;

  • Minimum contract duration in the case of long-term agreements.

Optional: sizes, colors, material types.

Article 5 – The Contract

The contract is concluded once the consumer accepts the offer and fulfills the requirements.

If the offer is accepted electronically, the entrepreneur will confirm receipt without delay. Until confirmation, the consumer can cancel the contract.

The entrepreneur ensures appropriate security for data transfer and payment when the contract is concluded electronically.

The entrepreneur may assess the consumer’s ability to fulfill payment obligations. If there are valid reasons, the entrepreneur may refuse an order or attach conditions to its execution.

Upon delivery of goods or services, the entrepreneur provides the following:

  • Contact address for complaints;

  • Terms and procedure for withdrawal, or a clear statement if not applicable;

  • Information about after-sales service and warranties;

  • All information listed in Article 4.3 (unless already provided);

  • Cancellation instructions for long-term or indefinite contracts.

If the contract is a long-term agreement, this information is provided only with the first delivery.

All contracts are subject to product availability. If an item is unavailable, the entrepreneur may cancel or provide a substitute.

Article 6 – Right of Withdrawal

When purchasing goods, consumers have the right to withdraw from the contract within 30 days without giving a reason. This period starts the day after the consumer receives the product (or a third party designated by the consumer).

During this period, the consumer shall handle the product and packaging with care. They may unpack the product only as necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the consumer must return the product (with all accessories, in original condition and packaging if possible) following the entrepreneur’s instructions.

The consumer must notify the entrepreneur in writing (email or letter) within 30 days of receipt. The product must then be returned within 30 days of this notification. Proof of timely return (e.g. tracking receipt) is required.

Products may be returned directly to the supplier in China if specified.

If the consumer does not notify or return the product on time, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, return shipping costs are fully borne by the consumer. This includes international shipping if products must be returned to the supplier in China.

If the consumer has made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 30 days after receiving the return or proof of return.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for the products and services described in paragraphs 2 and 3, but only if this was clearly stated in the offer, or at least before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  • that are made to the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that spoil or age quickly;

  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;

  • that are single issues of newspapers or magazines;

  • that are audio or video recordings or computer software with broken seals;

  • that are hygiene-sensitive products where the seal has been broken.

Exclusion is only possible for services:

  • related to accommodation, transport, catering, or leisure activities if provided on a specific date or period;

  • that have started with the consumer’s explicit consent before the end of the withdrawal period;

  • related to betting and lotteries.

Article 9 – The Price

During the validity period of the offer, the prices of the products or services will not be increased, except due to changes in applicable tax rates.

Contrary to the above, the entrepreneur may offer products or services with variable prices if they are subject to financial market fluctuations that are beyond the entrepreneur’s control. The offer will state this clearly.

Price increases within 3 months of the agreement are only permitted if due to legal changes.

Price increases after 3 months are only allowed if this was agreed and:

  • they are the result of legal regulations, or;

  • the consumer has the right to terminate the agreement from the day the price increase takes effect.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products or services comply with the contract, the specifications in the offer, reasonable usability standards, and applicable laws and regulations at the time of contract formation. If agreed, the product will also be suitable for special use.

Any manufacturer or importer warranties are in addition to the consumer’s legal rights.

Any defects or incorrectly delivered products must be reported within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty duration matches the manufacturer's warranty. The entrepreneur is never liable for the product’s suitability for individual use or any advice provided.

The warranty does not apply if:

  • the consumer has repaired or altered the product themselves or through third parties;

  • the product was exposed to abnormal conditions or misused against packaging instructions;

  • damage is caused by regulations on material usage enforced by government authorities.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and processing product orders.

The delivery address is the address provided by the consumer.

Accepted orders will be fulfilled as soon as reasonably possible, within 30 days unless otherwise agreed. If the delivery is delayed or only partially possible, the consumer will be notified within 30 days of ordering. In such cases, the consumer has the right to cancel and be refunded.

If the contract is dissolved, the entrepreneur will refund all payments within 30 days of dissolution.

If a product is no longer available, the entrepreneur may offer a substitute. This will be clearly communicated. Substitutes cannot void the consumer’s right of withdrawal.

The risk of damage or loss is the entrepreneur’s responsibility until the product is delivered to the consumer or their designated recipient, unless otherwise agreed.

Article 12 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period (or after receiving order confirmation for services).

The consumer must report any inaccuracies in payment details promptly.

In case of non-payment, the entrepreneur may charge reasonable collection costs, provided these were made known in advance.

Article 13 – Complaints Procedure

Complaints about the execution of the agreement must be submitted in writing within 7 days after the consumer detects the issue.

Complaints will be answered within 30 days of receipt. If more time is needed, the consumer will be informed of the delay and expected resolution timeline.

If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute resolution procedure.

Submitting a complaint does not suspend payment obligations unless confirmed in writing by the entrepreneur.

If a complaint is justified, the entrepreneur may replace or repair the product free of charge.