Version 1.1 – Effective as of 24 October 2025

General Terms and Conditions – Kyndly

Table of contents:
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the trader in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and execution
Article 14 – Continuing transactions: duration, termination, and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the trader or by a third party based on an arrangement between that third party and the trader.

Reflection period: the period within which the consumer can exercise the right of withdrawal.

Consumer: the natural person who is not acting for purposes related to trade, business, craft, or profession.

Day: a calendar day.

Digital content: data produced and supplied in digital form.

Continuing contract: an agreement that provides for the regular delivery of goods, services, and/or digital content over a certain period.

Durable data carrier: any medium – including email – that enables the consumer or trader to store information addressed personally to them, in a way that allows future consultation or use for a period adequate for the purpose of the information, and that allows unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the reflection period.

Trader: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.

Distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the agreement, one or more means of distance communication are used exclusively or jointly.

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order.

Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader having to be present in the same place at the same time.
 

Article 2 – Identity of the trader

Kyndly is a trade name of Stichting Green Unity.
Buspad 1, 5509 LW, Veldhoven, The Netherlands
Phone: +31 6 53 61 72 74 (Monday to Friday, 09:00–17:00)
Email: info@kyndly.com
Chamber of Commerce (KvK) number: 95783431
VAT identification number: NL867296562B01

If the trader’s activities are subject to a relevant licensing regime, the information concerning the supervisory authority will be provided.

If the trader exercises a regulated profession:
– the professional association or organization to which they belong;
– the professional title, the place in the EU or European Economic Area where it was granted;
– a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.
 

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.

Before a distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate before the distance contract is concluded how the terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the trader shall indicate where the terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise, free of charge, upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply correspondingly, and in case of conflicting conditions, the consumer may always rely on the applicable provision most favorable to them.
 

Article 4 – The offer

If an offer is subject to a limited period of validity or conditions, this shall be explicitly stated in the offer.

The offer shall contain a complete and accurate description of the products, digital content, and/or services offered. The description must be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.

Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

 

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, the trader shall take appropriate security measures to that end.

Within legal limits, the trader may obtain information about whether the consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the trader has good grounds not to enter into the agreement, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.

The trader shall provide the consumer, at the latest upon delivery of the product, service, or digital content, with the following information in writing or in a way that allows the consumer to store it in an accessible manner on a durable data carrier:
– the visiting address of the trader’s business establishment where the consumer can submit complaints;
– the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
– information about guarantees and existing after-sales services;
– the price including all taxes of the product, service, or digital content; where applicable, delivery costs; and the method of payment, delivery, or execution of the distance contract;
– the requirements for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration;
– if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:
The consumer may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but cannot oblige them to state one.

The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
– if the consumer ordered multiple products in one order: the day on which the consumer, or a designated third party, has received the last product. The trader may, provided they have clearly informed the consumer before the ordering process, refuse an order for multiple products with different delivery times;
– if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a designated third party, has received the last shipment or part;
– in the case of agreements for the regular delivery of products over a specified period: the day on which the consumer, or a designated third party, has received the first product.

For services and digital content not supplied on a tangible medium:
The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium within a minimum of 14 days without giving any reason. The trader may ask for the reason for withdrawal but cannot oblige the consumer to state one.

The reflection period referred to in paragraph 3 begins on the day following the conclusion of the contract.

Extended reflection period for failure to inform about the right of withdrawal:
If the trader has not provided the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the preceding paragraphs.

If the trader provides the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall unpack or use the product only to the extent necessary to determine its nature, characteristics, and functioning. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a physical shop.

The consumer is liable only for any reduction in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.

The consumer shall not be liable for any reduction in value of the product if the trader has failed to provide all legally required information about the right of withdrawal before or at the time the contract was concluded.

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

If the consumer exercises the right of withdrawal, they shall notify the trader within the reflection period using the model withdrawal form or by another unambiguous statement.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or an authorized representative). This is not required if the trader has offered to collect the product themselves. The consumer has met the return deadline if the product is sent back before the reflection period has expired.

The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer shall bear the direct costs of returning the product, unless the trader has failed to inform the consumer that they must bear these costs, or if the trader has stated that they will bear the costs themselves.

If the consumer withdraws after having explicitly requested that the performance of the service or the supply of gas, water, or electricity (not ready for sale in a limited volume or quantity) begins during the reflection period, the consumer shall owe the trader an amount proportional to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with full performance of the obligation.

The consumer shall not bear costs for the performance of services or the supply of water, gas, or electricity not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
– the trader has failed to provide the consumer with the legally required information about the right of withdrawal, compensation of costs upon withdrawal, or the model withdrawal form; or
– the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity, or district heating during the reflection period.

The consumer shall not bear costs for the full or partial delivery of digital content not supplied on a tangible medium if:
– they did not expressly consent to the performance of the contract before the end of the reflection period;
– they did not acknowledge losing their right of withdrawal by giving such consent; or
– the trader failed to confirm this acknowledgment by the consumer.

If the consumer exercises the right of withdrawal, all additional agreements are automatically terminated by operation of law.

 

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

– Products or services for which the price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;

– Agreements concluded at a public auction. A public auction means a method of sale in which products, digital content, and/or services are offered by the trader to the consumer, who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;

– Service agreements, after full performance of the service, but only if:
• performance began with the consumer’s explicit prior consent; and
• the consumer declared that they lose their right of withdrawal once the trader has fully performed the agreement;

– Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;

– Service agreements for the provision of accommodation, where the agreement specifies a certain date or period of performance, and other than for residential purposes, the transport of goods, car rental services, and catering;

– Agreements relating to leisure activities, where the agreement specifies a particular date or period of performance;

– Products manufactured according to the consumer’s specifications, which are not prefabricated and which are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;

– Products that spoil quickly or have a limited shelf life;

– Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

– Products which, due to their nature, are irreversibly mixed with other products after delivery;

– Alcoholic beverages for which the price was agreed upon at the time of the conclusion of the agreement, but whose delivery can take place only after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;

– Sealed audio or video recordings and computer software, where the seal has been broken after delivery;

– Newspapers, periodicals, or magazines, with the exception of subscriptions to these publications;

– The supply of digital content other than on a tangible medium, but only if:
• performance has begun with the consumer’s explicit prior consent; and
• the consumer has declared that, by giving such consent, they lose their right of withdrawal.
 

Article 11 – The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. The link to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
a. the increase results from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer for products or services include VAT.
 

Article 12 – Performance of the agreement and additional guarantee

The trader warrants 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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also warrants that the product is suitable for use other than normal use.

Any additional guarantee provided by the trader, their supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil their part of the agreement.

“Additional guarantee” means any commitment by the trader, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event of a failure to fulfil their part of the agreement.
 

Article 13 – Delivery and execution

The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is deemed to be the address that the consumer has provided to the trader.

With due observance of what is stated about this in Article 4 of these general terms and conditions, the trader shall execute accepted orders with due speed and at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost, and is entitled to any compensation where applicable.

After dissolution in accordance with the previous paragraph, the trader shall immediately refund the amount paid by the consumer.

The risk of damage to and/or loss of products lies with the trader until the moment of delivery to the consumer or a representative designated in advance by the consumer and made known to the trader, unless expressly agreed otherwise.
 

Article 14 – Continuing transactions: duration, termination, and renewal

Termination:
The consumer may at any time terminate an agreement concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may at any time terminate an agreement concluded for a fixed term and which provides for the regular delivery of products (including electricity) or services, with effect from the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

With respect to the agreements referred to in the previous paragraphs, the consumer may:
– terminate them at any time and shall not be restricted to termination at a specific time or in a specific period;
– terminate them at least in the same manner in which the agreements were entered into;
– always terminate them with the same notice period as that which the trader has stipulated for themself.

Renewal:
An agreement concluded for a fixed term and which provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

By way of derogation from the previous paragraph, an agreement concluded for a fixed term and which provides for the regular delivery of daily, news, and weekly papers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer can terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement concluded for a fixed term and which provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall be no more than three months where the agreement concerns the regular, but less than monthly, delivery of daily, news, and weekly papers and magazines.

An agreement with a limited duration for the regular introduction and trial delivery of daily, news, and weekly papers and magazines (a trial or introductory subscription) shall not be tacitly continued and will end automatically after the trial or introductory period.

Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
 

Article 15 – Payment

Unless otherwise provided in the agreement or in additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts on the day after the consumer has received confirmation of the agreement.

When selling products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50 percent. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

The consumer has a duty to report any inaccuracies in provided or stated payment details to the trader without delay.

If the consumer does not timely fulfil their payment obligation(s), then, after being notified by the trader of the late payment and after the trader has granted the consumer a period of 14 days to still fulfil the payment obligations, the consumer shall owe statutory interest on the outstanding amount if payment is not made within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% of the next €2,500; and 5% of the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

 

Article 16 – Complaints procedure

The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

The consumer must give the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that becomes subject to the dispute resolution procedure.
 

Article 17 – Disputes

Only Dutch law shall apply to agreements between the trader and the consumer to which these general terms and conditions apply.
 

Article 18 – Additional or deviating provisions

Additional provisions or provisions that deviate 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 stored by the consumer in an accessible manner on a durable data carrier.
 

Annex I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: [name of trader]
[geographical address of trader]
[trader’s fax number, if available]
[email address or electronic address of trader]

I/We* hereby give notice that I/We* withdraw from my/our* contract concerning:
– the sale of the following products: [product description]*
– the supply of the following digital content: [digital content description]*
– the provision of the following service: [service description]*

Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
[Date]

Delete where not applicable or fill in as appropriate.