Right of withdrawal and returns

This page explains how the statutory right of withdrawal works when you buy a koi through Koi Auction Europe as a consumer. The same rules can be found in article 10 of our Terms and Conditions.

A bid in an auction is binding. As a consumer, however, you have a statutory cooling-off period of 14 days after receiving the koi, during which you can withdraw from the purchase without giving any reason.

If you withdraw, the direct costs of returning the koi or of return transport are for your account. You can find more information about these costs further down this page.

Who has a cooling-off period?

If you buy a koi through Koi Auction Europe as a consumer, you enter into a distance contract. You have a statutory cooling-off period of 14 days after receiving the koi. Within this period you can withdraw from the purchase without giving any reason.

The right of withdrawal does not apply to business customers. Purchases concluded entirely in our physical shop in Wintelre are not subject to the statutory 14-day cooling-off period that applies to a distance contract.

When does the cooling-off period start?

The cooling-off period starts on the day after you, or a third party designated by you other than the carrier, have taken possession of the koi.

If you collect the koi from us in Wintelre, the cooling-off period starts on the day after collection.

How can you withdraw?

Do you wish to exercise your right of withdrawal? Then inform us clearly within the cooling-off period that you wish to withdraw from the purchase. You do not need to give a reason.

You can do this in three ways:

• using the Undo this purchase function for your won auction in your account;
• by email to info@koienvijverbouw.nl;
• using the model withdrawal form at the bottom of this page.

If you use the Undo this purchase function, you immediately receive an electronic confirmation of your withdrawal.

After you have withdrawn from the purchase, the koi must be returned to us within 14 days at the latest.

Because a living animal is involved, we ask you to contact us before returning the koi or arranging return transport. We can then agree together how and when the koi can be returned responsibly. This does not limit your statutory right of withdrawal.

Handling the koi during the cooling-off period

A koi is a living animal. During the cooling-off period you may handle the koi only to the extent necessary to assess its nature and characteristics.

Placing a koi in a pond, quarantine tank or other water may go further than is necessary to assess the koi.

If you handle the koi beyond what is necessary for the assessment and this causes a diminution in value, we may charge that diminution in value to you, to the extent permitted by law.

Contact with other water may involve health and contamination risks. As a result, a koi cannot simply be returned to our existing stock. This may lead to a considerable diminution in value. The amount is always assessed on the basis of the specific circumstances and is not set in advance at a fixed percentage.

Costs of returning the koi or return transport

The direct costs of returning the koi or of return transport are for your account.

Our current cost estimate is based on a chargeable weight of up to 15 kg. On that basis, the estimated maximum return costs are approximately €130.00 for the countries to which we offer transport.

The carrier determines the chargeable weight on the basis of the actual weight and the volumetric weight, using whichever is higher. The final return costs may therefore differ due to factors including:

• the weight of the shipment;
• the dimensions and volume;
• the destination;
• current carrier surcharges.

If it is clear in advance that a return shipment has a chargeable weight of more than 15 kg, or that special surcharges apply, the cost estimate may be higher.

Estimate based on a chargeable weight of up to 15 kg. The actual costs may differ depending on weight, dimensions, destination and the carrier’s current surcharges. We will tell you the expected costs before the return transport takes place.

Before the return transport takes place, we will inform you of the expected costs.

Risk during return transport

If you arrange the return transport yourself, you are responsible for the koi until we have taken it back into our possession. This means that the risk during return transport arranged by you lies with you.

If you have us arrange the return transport and we have the koi collected by a carrier engaged by us, the risk passes to us as soon as you have handed the koi over to that carrier.

Because a living koi is involved, we would like to agree with you in advance when and how the return transport can take place responsibly.

Return address:
Koi en Vijverbouw B.V.
Mostheuvel 11
5513 NT Wintelre
The Netherlands

Refund

Where you lawfully exercise your right of withdrawal, we refund the amounts that we are required by law to refund to you.

The following applies:

• we pay the amount due within 14 days at the latest after we have received your withdrawal;
• we may wait to refund until we have received the koi back or until you have demonstrated that the koi has been returned or sent back, whichever occurs first;
• any original delivery costs are refunded insofar as this is required by law;
• if you expressly chose a more expensive method of delivery than our standard delivery, we are not required to refund the additional costs of that more expensive delivery method;
• we may set off against the amount to be refunded any diminution in value for which you are liable under the law;
• we refund using the same means of payment as the one you originally used, unless you expressly agree to another method of payment;
• we do not charge any costs for the refund.

These principles are in line with the information provided by the ACM (Netherlands Authority for Consumers and Markets) on withdrawal, return costs, diminution in value and refunds.

Withdraw online

Would you like to undo your purchase online? Log in to your account and go to your won auctions.

For every koi whose statutory cooling-off period is still running, you will find the button:

Undo this purchase

You do not need to give a reason for the withdrawal. After submitting, you immediately receive an electronic confirmation.

To my won auctions

Model withdrawal form

Only complete and return this form if you wish to withdraw from the contract. Use of this form is not obligatory.

You can also withdraw from your purchase online using the Undo this purchase function in your account.

To: Koi en Vijverbouw B.V., Mostheuvel 11, 5513 NT Wintelre, the Netherlands — info@koienvijverbouw.nl

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:

— Description of the koi: ______________________
— Auction, order or invoice number (if known): ______________________
— Ordered on (*) / received on (*): ______________________
— Name(s) of consumer(s): ______________________
— Address of consumer(s): ______________________
— Signature of consumer(s)
(only if this form is submitted on paper): ______________________
— Date: ______________________

(*) Delete as appropriate.

Complaints

Do you have a complaint about a purchase, a withdrawal or how it was handled? Please contact us at info@koienvijverbouw.nl.

We will acknowledge receipt of your complaint and respond within 14 days. If we need more time to investigate the complaint carefully, we will let you know within this period when you can expect a substantive response.

We assess every complaint on the basis of the circumstances and work with you to find an appropriate solution. If we cannot reach a solution together, as a consumer you can bring the dispute before the competent court as described in our Terms and Conditions.