Terms of Conditions
Table of Contents:
Valid from February 02 2019
- Article 1 – Definitions
- Article 2 – Identity of the company
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The contract
- Article 6 – Right of withdrawal
- Article 7 – Costs in case of withdrawal
- Article 8 – Exclusion of right of withdrawal
- Article 9 – The price
- Article 10 – Compliance and Guarantee
- Article 11 – Delivery and Execution
- Article 12 – Payment
- Article 13 – Disputes
In these terms and conditions shall apply:
Article 1 – Definitions
1. Entrepreneur: the natural or legal entity, who offers products and / or services to consumers by distance contract;
2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract concerning a range of products and / or services, the supply and / or purchase is spread over time;
5. Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the ability for consumers within the waiting period to set a side the remote agreement;
7. Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
8. Remote Agreement means an agreement whereby within the confines of the system for distance selling of products and / or services organized by the entrepreneur, to conclude the agreement exclusive use of one or more means of distance communication;
9. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area have come together.
Article 2 – Identity of the company
Veganfoodamsterdam ( https://veganfoodamsterdam.com/ )
Business Address: Lou Jansenplein 32 1H, 1063 GZ, Amsterdam
Pickup Address: Lou Jansenplein 32 1H, 1063 GZ, Amsterdam
Telephone Number: +31 6 24866181
Email Address: info @ veganfoodamsterdam.com
Chamber of Commerce Reg.Number: 69423113
VAT Identification Number: NL857869371B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and any contract that is realized remote between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general conditions has to be available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions at request of the consumer as quickly as possible must be available without any charge.
3. If the remote agreement is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer can store it easily on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most favorable is.
Article 4 – The offer
1. If an offer has a limited duration or subject to conditions, this will be explicitly mentioned in the offer.
2. The offer includes a complete and accurate description of the offered products. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the contractor uses these images are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information, that clear to the consumer what rights and obligations are to the acceptance of the offer are attached. This concerns in particular:
o the price including taxes;
o any costs of delivery;
o how the agreement will be concluded and which actions this will require;
o whether or not to apply the right of withdrawal;
o the method of payment, delivery and performance of the contract;
o the way the consumer, for the conclusion of the contract, by him under the contract data to check and repair if necessary;
o in Dutch, the contract may be concluded in English;
o the conduct to which the trader is subject and the manner in which the consumer can conduct electronic consult and
o the minimum duration of the remote agreement in the event of an extended transaction.
Article 5 – The agreement
1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can – within the law – inform the consumers of its payment obligations, as well as all facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified that the agreement not to come true, he is entitled to a reasoned order or request to refuse or to implement special conditions attached.
5. The entrepreneur will enclose with the product the following information, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, :
a. the visiting address of the establishment of the operator where the consumer can lodge complaints;
b. the conditions and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. in Article 4 paragraph 3 of these Terms and Conditions, unless the operator this information already provided to the consumer prior to the execution of the agreement;
6. In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal
1. At the purchase of products, the consumer can cancel the contract without giving any reason to cancel within 7 days, unless the order contains groceries and the products have been sent earlier already to the consumer. After shipping, the order can’t be cancelled, or not the whole paid amount can be refunded, (to cover the previously made costs of the entrepreneur).
2. During the time to consider period the consumer will handle the (non-food) product and packaging with care. He is only allowed to unpack or use the (non-food) product as necessary to assess whether he would prefer to retain. If he exercises his right of withdrawal, he shall return the (non-food) product with all accessories and – if reasonably possible – in their original condition and packaging to the Entrepreneur in conformity with the Entrepreneur’s reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, he has to pay the costs of returning the goods .
2. If the consumer has paid an amount, the entrepreneur refunds this amount as soon as possible but no later than 30 days after the return or cancellation.
Article 8 – Exclusion of right of withdrawal
1. The entrepreneur may the right of withdrawal of the consumer exclude to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
2. Exclusion of the right of withdrawal is only possible for products:
a. that is considered by the trader in accordance to the specifications of the consumer;
b. clearly personal in nature;
c. which by their nature can not be returned;
d. that rapidly decay or become obsolete;
e. whose price depends on fluctuations in the financial market outside the trader’s control;
Article 9 – The price
1.During the period of validity stated in the offer, the prices for the products and/or services offered shall not be increased except for price increases due to change in VAT rates.
2.In departure from the previous paragraph, the entrepreneur may offer products or services at variable prices that are linked to fluctuations on the financial market on which the entrepreneur has no influence. The fact that prices are linked to fluctuations and the fact that these are recommended prices shall be indicated in the offer.
3.Price increases within three months of concluding the contract shall only be permitted if due to statutory provisions or conditions.
4.Price increases from three months following the conclusion of the contract shall only be permitted if the entrepreneur has stipulated this and:
a. this is the result of statutory provisions or conditions or;
b. the consumer is entitled to cancel the contract on the day on which the price increase takes effect.
5.The prices stated in the offer for products or services shall be inclusive VAT.
Article 10 – Compliance and Guarantee
1.The entrepreneur shall ensure that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations at the time of concluding the contract.
2.A settlement offered by the entrepreneur, manufacturer or importer as a guarantee shall not detract from the rights and demands that the consumer may assert against the entrepreneur following any shortcoming in the entrepreneur’s obligations towards the consumer based on the law and/or the distance contract.
Article 11 – Delivery and Execution
1.The entrepreneur shall take the greatest possible care in receiving and carrying out orders of products and assessing requests for providing services.
2.The place of delivery shall be the address notified by the consumer to the business.
3.Bearing in mind that stated in article 4 of these General Conditions, the business shall carry out accepted orders with proficient speed, yet within 30 days unless a longer period has been agreed. If the delivery is subject to delays or if an order cannot be carried out or carried out properly, the consumer shall receive notification no later than one month after placing the order. The consumer shall in that case be entitled to dissolve the contract without costs and possibly the right to claim compensation.
4.In the event of dissolution according to the previous paragraph, the entrepreneur shall repay the amount paid by the consumer as soon as possible yet no later than within 30 days of the dissolution.
5.If it is impossible to deliver a product that has been ordered, the entrepreneur shall endeavour to provide a replacement article. A clear and understandable notification of a replacement article shall be made no later than the delivery. The right of withdrawal cannot be excluded in the case of replacement articles. The entrepreneur shall bear the costs of returns.
6.The risk of damage and/or loss of products shall rest with the entrepreneur up to the point of supply to the consumer unless expressly agreed otherwise.
Article 12 – Payment
1.Unless a later point is agreed, the amounts owed by the consumer shall be paid within 14 days of delivery of the goods or in the case of a contract for the provision of a service, within 14 days of issuing the documents relating to this contract.
2.The consumer shall be obliged to notify the entrepreneur without delay of any inaccuracies in the payment details provided or stated.
3.In the case of non-payment on the part of the consumer, the entrepreneur shall be entitled, apart from legal constraints, to charge for the reasonable, clearly incurred costs notified in advance to the consumer.
Article 13 – Disputes
The contracts between the entrepreneur and the consumer to which these General Conditions refer shall be governed exclusively by Dutch law.