Article 1 – Definitions
In these Conditions, the following terms shall have the meaning given to them below:
- KLM: Koninklijke Luchtvaart Maatschappij N.V. (KLM Royal Dutch Airlines), having its registered office in Amstelveen, The Netherlands;
- Consumer: The natural person who acts in the course of a profession or business and who enters into an Agreement with KLM;
- Agreement: An agreement for the purchase of products in the online Shop@KLM;
- Cooling-Off Period: The period during which the Consumer may exercise his Right of Cancellation;
- Right of Cancellation: The right of the Consumer to cancel the Agreement during the Cooling-Off Period;
- Day: A calendar day;
- Durable Data Carrier: Any means on which the Consumer or KLM may store personally addressed information in a manner that allows future retrieval and unaltered reproduction of the stored information.
Article 2 – The identity of KLM
Koninklijke Luchtvaart Maatschappij N.V. (KLM Royal Dutch Airlines), acting via the website: shop.klm.com.
1182 GP Amstelveen The Netherlands
Stationsplein N.O. 133
1117 BV Schiphol Oost The Netherlands
+31 (0) 20 64 91851
Accessible: Mondays to Fridays, 9 am – 4 pm
Chamber of Commerce no.: 33014286
VAT number: NL004983269B01
Article 3 – Applicability
- These General Terms and Conditions are applicable to each offer made by KLM via Shop.klm.com and to each Agreement concluded between KLM and Consumer through Shop.klm.com.
- Before concluding the Agreement, the text of these General Terms and Conditions shall be made available to the Consumer in electronic form, in such a manner that it may be easily stored by the Consumer on a Durable Data Carrier.
- In the event that special product conditions apply, in addition to these General Terms and Conditions, the second paragraph is also applicable to those special conditions; in the event of conflicting General Terms and Conditions the Consumer may at all time invoke the applicable provision that is the most favourable to him.
Article 4 – The Offer
- If an offer has a limited validity or is made subject to conditions, this shall be expressly stated in the offer.
- Each offer shall include a full and accurate description of the offered products. The description shall be sufficiently specific to allow the Consumer to properly consider the offer. KLM shall not be liable for any manifest mistakes or errors in the offer.
- Each offer shall include all necessary information clearly setting forth the Consumer’s rights and obligations related to accepting the offer, specifically:
- the price including VAT if the product offered cannot be delivered to the delivery address provided by the consumer;
- the price excluding VAT if the product offered can only be delivered by KLM on flights operated by KLM;
- the manner and cost of delivery of the product offered;
- the manner in which the Agreement shall be concluded and the required acts;
- whether or not the Right of Cancellation is applicable;
- the payment method for the products offered;
- method of payment and delivery or how the Agreement will be performed;
- the period during which the offer may be accepted, or the period within which the price must be paid;
- if the Agreement is to be filed after having been concluded, how it may be consulted by the Consumer;
- the manner in which the Consumer may inform himself of any unwanted acts before the Agreement comes into effect, and how he may repair these acts before the Agreement comes into effect;
- any languages other than Dutch in which the Agreement may be concluded, if any.
Article 5 – The Agreement
- Subject to paragraph 4 below, the Agreement shall come into effect upon the Consumer accepting the offer and complying with the conditions stipulated for it.
- As soon as the Consumer has electronically accepted the offer by means of the electronic order form, KLM shall immediately confirm receipt of acceptance of the offer, the price and delivery address of the product ordered by e-mail. For as long as KLM has not confirmed receipt of acceptance, the Consumer may terminate the Agreement.
- KLM shall adopt all appropriate technical and organisational measures for a secure electronic data transfer and shall provide a secure web environment. If the Consumer is offered the opportunity of electronic payment, KLM shall observe all appropriate security measures.
- Within the confines of the law KLM may make inquiries as to whether the Consumer is able to fulfil his payment obligations, and as to all facts and factors that are material for duly concluding the Agreement. If, further to its inquiries, KLM has proper grounds for not entering into the Agreement, it may refuse an order or application, stating its reasons, or make performance subject to special conditions.
- Together with the product, KLM shall provide the Consumer, either in writing or in a manner that shall allow the Consumer to store it in a retrievable manner on a Durable Data Carrier, with the following information:
a. the visiting address of the KLM office to which the Consumer may address his complaints;
b. the conditions under which and the manner in which the Consumer may exercise his Right of Cancellation, or a clear statement that the Right of Cancellation is excluded;
c. information about available after-sale services and guarantees;
d. the information mentioned in Article 4.3 hereof, unless KLM has already provided the Consumer with this information prior to performing the Agreement.
Article 6 – Right of Cancellation upon delivery of the products
- When purchasing products the Consumer may cancel the Agreement during a period of 14 Days, without stating reasons. This period commences the Day after taking receipt of the product by or on behalf of the Consumer.
- During this period the Consumer shall handle the product and the packaging with care. He shall only unpack or use the product in so far as is necessary to assess whether he wishes to keep the product. If he wishes to exercise his Right of Cancellation, he shall return the product and all materials supplied with it, if reasonably possible, in its original state and packaging to KLM, in accordance with the reasonable and clear instructions of KLM.
Article 7 – Cancellation costs
- If the Consumer exercises his Right of Cancellation, not more than the costs for returning the product shall be for his account.
- If the Consumer has already paid anything, KLM shall repay this amount as soon as possible and not later than 30 Days after reshipment or cancellation.
Article 8 – Exclusion of the Right of Cancellation
The Right of Cancellation is excluded for the following products:
a. those that are prepared by KLM in accordance with the Consumer’s specifications;
b. those that are clearly of a personal nature;
c. those that due to their very nature cannot be returned;
d. those that may age or go bad quickly;
e. those of which the price is subject to fluctuations on the financial market on which KLM has no influence;
f. newspapers and magazines;
g. audio and video recordings and computer software of which the Consumer has broken the seal.
Article 9 – Price
- During the term of validity stated in the offer, the prices of the offered products shall not be raised, with the exception of price changes resulting from changes to Dutch VAT rates.
- The prices of the products are stated in Euro and are inclusive of VAT (where applicable). Any import taxes and local sales taxes, if any, are for the Consumer’s account.
- In departure from the preceding paragraph, KLM may offer products the prices of which are subject to fluctuations on the financial market and on which KLM has no influence, at variable prices. In that event the offer shall state that the quoted prices are subject to fluctuations and to change.
- Prices may only be raised within 3 months after concluding the Agreement if this is due to statutory rules or regulations.
- Prices may only be raised after 3 months after concluding the Agreement if KLM has stipulated this and: a. they are due to statutory rules or regulations; or b. the Consumer may cancel the Agreement as per the Day on which the price rise comes into effect.
Article 10 – Conformity and Guarantee
- KLM warrants that the products comply with the Agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the Dutch statutory regulations and/or Dutch government requirements as per the date on which the Agreement comes into effect
- The Consumer’s statutory rights and/or his rights under the Agreement against KLM shall not be affected by any guarantee scheme offered by KLM, a manufacturer or importer.
Article 11 – Delivery and performance
- KLM shall exercise all due care when receiving and delivering the ordered products.
- The delivery address is I) the address provided by the Consumer during the order process as stated on the electronic order form and confirmed by KLM in the e-mail confirmation mentioned in Article 5.2; or II) on board a flight operated by KLM that the consumer has selected on the electronic order form and as confirmed by KLM in its e-mail confirmation as stated in Article 5.2. On submitting a hard copy of the confirmation e-mail received by the Consumer as stated in Article 5.2, the products ordered shall be delivered to the Consumer during the KLM flight confirmed by KLM, provided that KLM has approved payment. If the product is not delivered in full or in part on the KLM flight selected by the Consumer, the Consumer is entitled to terminate the Agreement at no cost. If the fact that the products ordered could not be delivered on board the indicated flight is attributable to KLM, the products shall be delivered by KLM at the delivery address provided to KLM by the Consumer.
- Taking into account the provisions of Article 4 as stated in these General Terms and Conditions, KLM shall refund the Consumer the accepted order amount(s) as quickly as possible, but within 30 days, unless a longer delivery term is agreed. If the delivery is delayed or if an order cannot be delivered or only in part, the Consumer will be notified within a month of placing the order. In this case, the Consumer is entitled to terminate the Agreement at no cost and may be entitled to compensation.
- If the Agreement is terminated in accordance with the Articles 11.2 or 11.3, KLM shall refund the Consumer the amount he has paid as quickly as possible, but no later than 30 Days after termination.
- If it is not possible to deliver an ordered product, KLM will use its best efforts to provide a replacement product. Not later than at the time of delivery the Consumer will be informed, in a clear and comprehensible manner, that he will receive a replacement product.
- Unless expressly agreed otherwise the risk of damage and/or products going missing shall be for KLM’s account or a representative appointed by the Consumer and of whom KLM has been notified until the moment of delivery to the Consumer.
Article 12 – Payment
- Unless subsequently agreed otherwise, all amounts payable by the Consumer are due within fourteen Days after delivery of the product.
- Where products are sold to consumers, general terms and conditions may in no event stipulate an advance payment of more than 50%. If an advance payment is stipulated, the Consumer may not assert any rights regarding the execution of the order concerned before the advance payment has been paid.
- The Consumer is obliged to immediately notify KLM of any errors in provided or stated payment details.
- If the Consumer is in default, KLM may charge the Consumer all reasonable costs, of which it shall inform the Consumer in advance, subject to the statutory restrictions.
Article 13 – Complaints Procedure
- KLM has a sufficiently published complaints procedure in place; any complaint shall be dealt with in accordance with this procedure.
- Complaints about the performance of the Agreement must be submitted to KLM, giving full and clear details and with all due speed after the Consumer has noted the defects.
- Any complaints KLM receives are dealt with within 14 Days as from the moment of receipt. If it is anticipated that a longer period is required to deal with a complaint, KLM shall confirm reception of the complaint within 14 Days, stating when the Consumer may expect a more detailed response.
Article 14 – Disputes
- All Agreements between KLM and the Consumer to which these General Terms and Conditions are applicable, are exclusively governed by Netherlands law.
- Any disputes between the Consumer and KLM regarding concluding or performing agreements related to products delivered or to be delivered by KLM, may be submitted to the Dutch courts by both the Consumer and KLM.
- The original version of these Terms and Conditions was drawn up in Dutch. In the event of a dispute or inconsistency between this translation and the original, the Dutch text prevails.