General Sales Terms and Conditions for Shop@KLM
These General Terms and Conditions are effective from 1 December 2014.
Article 1 - Definitions
1.1 The following terms are defined as follows in these General Terms and Conditions:
Agreement: An agreement for the purchase of products through the online Shop@KLM;
Cancellation period: The time period in which the Consumer can invoke the right of cancellation, which is 14 days calculated from the day of receipt of the product;
Consumer: The natural person who enters into an agreement with KLM, not acting in the practice of an occupation or operation of a business;
Day: Calendar day;
Durable medium: All means that enable the ConsumerConsumer or KLM to store information addressed to him personally in a manner that enables future reference and unaltered reproduction of the stored information.
KLM: Koninklijke Luchtvaart Maatschappij N.V. (KLM Royal Dutch Airlines), with registered office in Amstelveen, Netherlands;
Model form for cancellation: Appendix 1 to these General Terms and Conditions contains the European model form for cancellations.
Return period: The time period in which the Consumer who invokes the right of cancellation must return to product to KLM, which is 30 days calculated from the day of receipt of the product;
Right of cancellation: The possibility for the Consumer to cancel the Agreement within the cancellation period.
Article 2 - Identity of KLM
Koninklijke Luchtvaart Maatschappij N.V. (KLM Royal Dutch Airlines), acting through the website shop.klm.com.
1182 GP Amstelveen
Business hours: Monday to Friday from 9:00 am to 16:00 pm
Chamber of Commerce registration number: 33014286
VAT identification number: NL004983269B01
E-mail address: firstname.lastname@example.org
Article 3 - Applicability
3.1 These General Terms and Conditions apply to all offers by KLM via Shop.klm.com and the Agreement made between KLM and the Consumer via Shop.klm.com.
3.2 Before the Agreement is entered into, these General Terms and Conditions are provided electronically to the Consumer in a manner that enables the Consumer to easily store the text in a Durable medium.
3.3 In the event that specific product terms and conditions apply in addition to these General Terms and Conditions, the second section of this article also applies and, in the event of conflicting general terms and conditions, the Consumer can appeal to the applicable provision that is most favourable to him.
Article 4 - Products on offer
4.1 If an offer has a limited validity period or is subject to certain conditions, this will be expressly stated.
4.2 The product range contains a complete and detailed description of the products offered. The description is detailed enough to make it possible for the Consumer to make a proper evaluation of the offer. Obvious mistakes or errors in the product range are not binding for KLM.
4.3 Every offer contains information that makes the rights and obligations associated with acceptance the offer clear to the Consumer. This pertains to the following in particular:
a) The price, including VAT, if the product offered can be delivered to a delivery address provided by the Consumer.
b) The price, not including VAT, if the product offered can only be delivered by KLM during flights operated by KLM.
c) The manner and costs for delivering the product offered.
d) The manner in which the Agreement was made and the actions this requires.
e) Whether or not the right of cancellation applies, as well as the Model Form for Cancellation.
f) The manner of payment for the products offered.
g) The deadline for offer acceptance or the validity period for the price.
h) How the Agreement can be accessed by the Consumer after it is archived.
i) The manner in which the Consumer can be informed about actions he does not want taken prior to entering into the Agreement, as well as the manner in which he can rectify these before the Agreement is concluded.
Article 5 - The Agreement
5.1 The Agreement is entered into, subject to the provisions of section 4 of this article, the moment the Consumer accepts the offer and meets the relevant conditions.
5.2 The moment the Consumer accepts the offer electronically by means of the electronic order form, KLM will immediately confirm, by e-mail, the receipt of the offer acceptance, the price and delivery destination for the product ordered. As long as KLM has not confirmed receipt of this acceptance, the Consumer can terminate the Agreement.
5.3 KLM takes appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe online environment. If the Consumer can pay electronically, KLM will take appropriate safety measures to this end.
5.4 KLM can inquire about - within the legal frameworks - whether the Consumer is able to meet his payment obligations, as well as all facts and factors that are important for entering into the Agreement in a responsible manner. If, based on this inquiry, KLM has reason not to enter into the Agreement, KLM is entitled to justifiably refuse an order or request, or to require special conditions for the transaction.
5.5 In entering into the Agreement, KLM provides the Consumer with the following information in writing or in a manner that enables the Consumer to store the information in an accessible manner on a sustainable medium:
a) The visiting address of the KLM branch which can be contacted by the Consumer in case of a complaint.
b) The conditions under and manner in which the Consumer can invoke the Right of cancellation or a clear statement regarding the exclusion of the Right of cancellation.
c) Information on the current after-sale service offered and guarantees.
d) The information provided in Article 4, section 3 of these General Terms and Conditions, unless KLM already provided this information to the Consumer prior to executing the agreement.
Article 6 - Right of cancellation with regard to product delivery
6.1 In purchasing products, the Consumer has 14 (fourteen) Days to cancel the agreement without stating reasons. KLM may ask the Consumer the reason for the cancellation, but may not require that a reason be given. The validity period starts on the day following receipt of the product by or on behalf of the Consumer.
Article 7 - Consumer obligations during the Cancellation period
7.1 During the Cancellation period, the Consumer must handle the product and packaging carefully. He may only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product, and to be able to determine whether he wishes to keep the product. The point of departure here is that the Consumer may only handle and inspect the product in the same manner as he would in a shop.
7.2 The Consumer is only liable for the loss of value of the product if it results from handling the product in a manner other than stated as acceptable in section 1 of this article.
Article 8 - Invoking the right of cancellation by the Consumer and related costs
8.1 To invoke the Right of cancellation, the Consumer must inform KLM of his decision to dissolve the agreement by means of an unambiguous statement (such as in writing by mail, fax or e-mail). The Consumer can also use the online form, select ‘I want to return a purchase’ from the drop-down menu next to ‘What is your request’, and send the completed online form to KLM. The Consumer can also use the Model Form for Cancellation (see Appendix 1 to these General Terms and Conditions), but the Consumer is not required to do so.
8.2 If the Consumer invokes the Right of cancellation, he must return the product, including all accessories provided and - if possible in all fairness - in the original condition and packaging, to KLM within 30 (thirty) Days of receipt (‘Return period’) of the product in accordance with reasonable and clear instructions provided by KLM.
8.3 The risk and burden of proof for the proper and timely invocation of the Right of cancellation lies with the Consumer.
8.4 If the Consumer invokes the Right of cancellation, the direct costs of returning the item are to be paid by the Consumer.
Article 9 - KLM obligations in the event of cancellation
9.1 KLM sends confirmation of receipt to the Consumer immediately after the customer has informed KLM of the cancellation electronically.
9.2 KLM refunds the purchase amount, including any shipping costs for the products delivered, as soon as possible after KLM has received the returned product from the Consumer.
Article 10 - Exclusion of Right of cancellation
10.1 The Right of cancellation is excluded for products that:
a) are developed by KLM in accordance with Consumer specifications;
b) are clearly of a personal nature;
c) cannot be returned due to their nature;
d) can spoil or become outdated quickly;
e) for which the price is linked to fluctuations in the financial market over which KLM has no influence;
f) are individual copies of newspapers and magazines;
g) are alcoholic beverages and food products;
h) are intended for audio and video recordings and computer software on which the Consumer has broken the seal;
i) The submission of digital content in a manner other than on a physical carrier, but only if:
Article 11 - Price
11.1 During the validity period stated in the offer, the prices of the products offered are not to increase, with the exception of price changes resulting from changes to Dutch VAT rates.
11.2 Contrary to the previous section, KLM products whose prices are linked to fluctuations in the financial market and over which KLM has no influence can be offered with variable prices. This link to fluctuations and the fact that any prices stated are recommended prices will be indicated for the product in question.
11.3 Price increases within 3 (three) months after the Agreement has been entered into are only permitted if they are the result of legal regulations or provisions.
11.4 Price increases more than 3 (three) months after the Agreement has been entered into are only permitted if KLM has specified this and:
Article 12 - Fulfilment of the Agreement and extra guarantee
12.1 KLM guarantees that the products satisfy the Agreement, the specifications stated in the offer, reasonable demands of durability and/or usability, and the Dutch statutory provisions and/or Dutch government regulations on the date on which the Agreement is entered into.
12.2 An additional guarantee provided by KLM, manufacturer or importer does not limit the legal rights and claims that the Consumer can assert against KLM on the basis of the agreement if KLM fails to fulfil its obligations under the Agreement.
12.3 An additional guarantee is understood to mean all commitments by KLM, the manufacturer or importer that award the Consumer certain rights or claims that go beyond those required by law in the event of a failure to fulfil its obligations under the Agreement.
Article 13 - Delivery and performance
13.1 KLM exercises the greatest possible care in the receipt and delivery of the products offered.
13.2 The delivery destination is i) the address provided by the Consumer on the electronic order form during the order process and confirmed by KLM by e-mail, in accordance with Article 5.2; or ii) on board a flight operated by KLM and selected by the Consumer on the electronic order form and confirmed by KLM by e-mail, in accordance with Article 5.2. On the submission of a printed version of the e-mail confirmation received by the Consumer as stated in Article 5.2, the products ordered are delivered to the Consumer during the KLM flight confirmed by KLM, provided payment has been accepted by KLM. If the product is not delivered, or not delivered in full, during the KLM flight selected by the Consumer, the Consumer has the right to terminate the Agreement at no cost. If KLM is to blame for the failure to deliver the products ordered on board the indicated flight, the products will be delivered by KLM to the delivery address provided to KLM by the Consumer.
13.3 With due regard for the provisions of Article 4 of these General Terms and Conditions, KLM will deliver the accepted orders with due haste and within 30 (thirty) Days at most, unless a longer delivery period has been agreed. In the event that the delivery is delayed or the order cannot be delivered, or only in part, the Consumer will be informed of this no later than one month after placing the order. In this case, the Consumer has the right to terminate the Agreement at no cost and is entitled to compensation, if applicable.
13.4 In the event of termination in accordance with Article 11.3, KLM will refund the amount paid by the Consumer as quickly as possible.
13.5 If it turns out that delivery of an ordered product is not possible, KLM will make every effort to provide a replacement item. The Consumer will be informed in a clear and understandable manner by the time of delivery at the latest that a replacement item is being delivered.
13.6 The risk of damage and/or loss of the products lies with KLM until the moment of delivery to the Consumer or a representative indicated by the Consumer and notified to KLM, unless explicitly agreed otherwise.
Article 14 - Payment
14.1 Insofar as not agreed otherwise, the amounts owed by the Consumer must be paid within 14 (fourteen) Days after the start of the Cancellation period or, if no Cancellation period applies, within 14 (fourteen) Days after entering into the Agreement.
14.2 A prepayment of more than 50% may never be required in the General Terms and Conditions for the sale of products to Consumers. If prepayment is required, the Consumer may not assert any rights regarding the performance of the order concerned before the required prepayment has been made.
14.3 The Consumer is required to immediately notify KLM of any inaccuracies in the payment information provided or stated.
14.4 In the event of default on the part of the Consumer, KLM is entitled, subject to legal limitations, to charge the reasonable costs notified to the Consumer beforehand.
Article 15 - Complaints
15.1 KLM has a sufficiently publicised complaint procedure and handles complaints in accordance with this procedure.
15.2 Complaints concerning the performance of the Agreement must be submitted to KLM with a detailed description and within a reasonable period of time after the Consumer has discovered the shortcoming.
15.3 Complaints submitted to KLM are responded to within a period of 14 days of the date of receipt. If a complaint is expected to require a longer processing time, KLM will respond to the complaint within 14 (fourteen) Days by sending notification of receipt and an indication of when the Consumer can expect a more detailed response.
Article 16 - Disputes
16.1 The law of the Netherlands applies exclusively to all agreements between KLM and the Consumer to which these General Terms and Conditions pertain.
16.2 Disputes between the Consumer and KLM regarding the establishment or performance of agreements with regard to products to be delivered or delivered by KLM can be referred to a Dutch court by either the Consumer or KLM. The Consumer can also refer to the European ODR Platform
16.3 The original version of these General Terms and Conditions was written in Dutch. In the event of a differences or contradictions between this translation and the original, the Dutch text prevails.
Appendix 1: Model form for cancellation
Model form for cancellation
(only complete and return this form if you wish to cancel the agreement)
KLM Inflight Services
Attn.: KLM After Sales
1118 AM Schiphol-Noord
- I/We* hereby inform(*) you that I/we(*) cancel my/our(*) agreement with regard to the purchase of the following goods
- Ordered on(*) / Received on(*)
- Name/Names of Consumer(s)
- Address of Consumer(s)
- Signature of Consumer(s) (only required if this form is submitted on paper)
(*) Delete what is not applicable