Terms and conditions Decofoodshop
These general terms and conditions apply to all orders granted to Decofoodshop.
Article 1. Definitions
In these general terms and conditions the following definitions apply:
- Supplier: the supplier, J. Fransen, titled Decofoodshop, office in Nijmegen at Kerkenbos 1064, 6546 BA, registered with the Chamber of Commerce under number 78413419.
- Customer: the counterparty of the Supplier, a consumer or company/legal entity.
- Agreement or Assignment: the agreement for the delivery of products / the agreement for services.
- Products: the products and services offered by the Supplier.
- Webshop: www.decofoodshop.nl
- Distance purchase: purchase via the internet or by telephone.
Article 2. Applicability
- These general terms and conditions apply to all agreements between the Customer and the Supplier, respectively their legal successors, as well as to all ensuing and/or related agreements, as well as to all offers and/or quotations made by the Supplier.
- The applicability of general terms and conditions of the Customer is expressly rejected by the Supplier.
- The present terms and conditions also apply to all agreements with the Supplier, for the implementation of which third parties must be involved.
- If one or more provisions of these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions of delivery will remain fully applicable. The Supplier and the Customer will then enter into consultation in order to agree on new provisions to replace the invalid or voided provisions, whereby the purpose and purport of the original provision will be taken into account as far as possible.
- Provisions deviating from these terms and conditions are only valid if and insofar as the Supplier has explicitly confirmed these to the Customer in writing. Unless expressly agreed otherwise in writing, these deviations from or additions to the general terms and conditions only relate to the relevant Agreement.
- The Supplier reserves the right to change these general terms and conditions in the interim. The amended general terms and conditions therefore also apply to the existing Agreement between the Customer and the Supplier. Changes will be announced in writing in advance, stating the effective date.
- For versions of these general terms and conditions in a language other than Dutch, the Dutch text will prevail.
Article 3. Offer / Quotation
- The offers and/or quotations made by the Supplier are without obligation; they are valid for 30 days after issue, unless stated otherwise. The Supplier is only bound by the offers or quotations if the acceptance thereof is confirmed in writing by the Customer within 30 days, unless indicated otherwise.
- The prices in the said offers and quotations are exclusive of VAT and other government levies and are indicated in euros as standard, as well as exclusive of costs to be incurred in the context of the agreement, including shipping and administration costs, unless stated otherwise.
- Offers or quotations do not automatically apply to future Assignments.
- The Supplier is entitled to implement price and/or rate changes.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. Obvious mistakes or errors in the offer do not bind the Supplier (for example when the price is clearly much too low or does not correspond to the price in the market).
Article 4. Formation of the Agreement
- If the Order is given via the webshop, the Customer will receive an order confirmation or order confirmation electronically (by e-mail).
- The Agreement is concluded at the moment that the order confirmation or quotation signed by the Supplier and the Customer has been received by the Supplier. The order confirmation is based on the information provided by the Customer to the Supplier at the time. The order confirmation is deemed to represent the agreement correctly and completely. The Supplier is free to prove that the agreement was concluded in a different way.
- If the order has been given orally, or if the order confirmation has not (yet) been signed and returned, the order is deemed to have been concluded under application of these general terms and conditions at the moment that the Supplier, at the request of the Customer, carries out the command starts.
- If the Customer places an order with the Supplier, the Agreement will only be concluded when the Supplier accepts it in writing or starts the execution of the order.
Article 5. Delivery
- Delivery takes place ex warehouse of the Supplier, unless expressly agreed otherwise.
- The costs of delivery are stated on the website and/or are made known during the order.
- The (delivery) terms are approximate and have been determined on the basis of the information and circumstances known to the Supplier when the agreement was entered into.
- The agreed delivery time is never a strict deadline. In the event of late delivery, the Customer must give the Supplier written notice of default and allow a reasonable period of time to still comply with the obligations.
- In the event of delayed delivery, the Customer is not entitled to refuse a purchase.
- Small defects that can be repaired within 30 days after delivery will not prevent delivery.
Article 6. Distance purchase
- This provision only applies to Distance Purchases with Customers who are consumers and have ordered Products via the Webshop:
- the consumer receives an e-mail confirmation of his or her order with a summary of the order;
- the consumer is entitled to a sound product that complies with the announcements as stated on the Webshop;
- the Webshop contains the General Terms and Conditions that have been checked by the consumer for having been seen and agreed upon prior to completing the order and can be found on the Website and are sent to the consumer if he requests a quote by e-mail. These General Terms and Conditions are in PDF format so that they can be read and saved by the consumer;
- the payment method is made known during the order;
- the consumer fills in the address and contact details where the Product can be delivered. Incorrect or incorrect filling in of the address is at the expense and risk of the consumer;
- statutory cooling-off period: from the day of receipt of a Product, the consumer has a cooling-off period of 14 days. When using the cooling-off period, the consumer must return the Product within 14 days from the day of receipt. Calculation example: will you receive the product on March 2? The cooling-off period ends on March 16 at 12 noon. Repayment of the purchase amount will take place within 14 days, but always only after the Product has been correctly returned. The cooling-off period does not apply to Products that cannot be returned for hygienic or health reasons, Products related to leisure activities, time-bound Products (loose magazines or newspapers), Products of which the sealing/seal is broken, Products specially made for the Customer, Products perishable or perishable, digital Products/downloads, urgent repairs and services.
- returns: if the consumer wishes to return the Product, the consumer must return the Product/Products together with the return form within the applicable period and under the applicable conditions;
- costs of return are not reimbursed, unless there is a justified Complaint. The Supplier assesses whether the Complaint is justified. Return costs are also made known on the Webshop. If the consumer opts for a more expensive shipping method than the standard shipping method, the Supplier must only reimburse the standard shipping costs, subject to the above conditions.
- If there is an obvious writing error on the web shop, the price/correct information provided by the Supplier at the time it became aware of the obvious writing error must be taken as a basis, see also 3.5.
- The above provisions under paragraph 1: a, b, c, d, e, g, h and paragraph 2 also apply to companies/legal entities. Instead of 'consumer', 'company/legal person' should then be read.
Article 7. Prices and payment
- Prices including VAT can be indicated on the Webshop, this is then stated on the Webshop. In the case of sales to entrepreneurs, prices can be stated exclusive of VAT, which is then stated with the Product.
- Payment for the Products or services can be made as indicated on the Website, and as follows:
- full payment prior to delivery or during the order;
- for business customers based in the Netherlands, an invoice can be sent and payment of the invoice within 30 days of the invoice date;
- Payment of the invoice sent by the Supplier must be made, without deduction, discount or set-off, within 30 days of the invoice date. Payment must also be made in Dutch currency by means of a deposit to a bank account to be designated by the Supplier. Objections to the amount of the invoices or complaints do not suspend the payment obligation of the Customer.
- If the Customer fails to pay an installment, the Supplier is entitled to suspend the work or delivery until the invoice/(partial) payment due has been paid. The provisions of the previous sentence do not affect the Supplier's right to compensation for costs and damage.
- The Supplier is always authorized to request an advance payment for the payment of its activities and/or (purchase) costs.
- If the agreement is entered into by two Customers, they are jointly and severally liable for the payment of the amounts due, insofar as the work / delivery has been carried out for the benefit of the joint Customers.
- The Customer is not permitted to set off amounts it owes to the Supplier with amounts it believes it has received from the Supplier for any reason whatsoever.
- In the event of liquidation, bankruptcy, attachment, placing under guardianship or suspension of payment of the Customer, the Supplier's claims against the Customer are immediately due and payable.
Article 8. Interest and (collection) costs
8.1 If the Customer fails to pay within the term of 10 days, the Customer is legally in default without further notice of default. In that case, the Customer owes the statutory interest or the statutory commercial interest. The interest on the due and payable amount will be calculated from the day that the Customer is in default until the day of full payment.
- If after the expiry of the first payment term, as stated in paragraph 1, the payment obligation has not or not fully been fulfilled, the Supplier will send the Customer a written reminder for payment of the outstanding amount within a second term of 7 days. If the Customer has not or not fully fulfilled the payment obligation within the second term, the Supplier will send the Customer (being a consumer) a written reminder stating the extrajudicial collection costs in accordance with the scale of extrajudicial collection costs (BIK). If the Customer does not meet the payment obligation within the set period, the extrajudicial collection costs and statutory interest will be due. The amount of the collection costs is 15% of the invoiced amount with a minimum of € 40 for consumers.
- If the Customer is a legal person or entrepreneur and after the expiry of the first and second payment term, as stated in paragraphs 1 and 2, the payment obligation has not been met or not fully met, the extrajudicial collection costs, in addition to the statutory commercial interest already due on this, will be charged from the day on which it is due. The amount of the collection costs is at least 15% of the invoiced amount with a minimum of € 100 for legal entities and entrepreneurs.
- If the Supplier has incurred higher costs, which were reasonably necessary, these will also be eligible for reimbursement.
Article 9. Returns
- When returning, use the return form that can be found on the website under 'Frequently asked questions'.
- Costs of return in the event of a justified complaint are for the account of the Supplier. The costs of other returns (including returns that fall under the statutory cooling-off period) are for the account of the Customer.
- Upon receipt of the Product, additional shipping instructions will be included if applicable.
- Returns are only possible if the packaging and Product are in the same condition as they were delivered. The Customer must keep proof of shipment.
- If the Customer is a consumer, the Customer can return the Products (with the exception of the Products mentioned in paragraph 7) without giving any reason during fourteen days from the day of receipt.
- If the Customer is a company / legal entity, the Customer cannot return the Products, unless otherwise agreed.
- Products that cannot be returned are products that cannot be returned for hygienic or health reasons, Products whose sealing/sealing has been broken, Products that have been specially made or purchased for the Customer, Products that spoil quickly or have a limited shelf life, digital Products/ Downloads.
- The shipping costs for returning are for the account of the Customer, unless the Product is damaged or defective, as determined by the Supplier, see also article 6 paragraph 1 under h.
- As soon as the Supplier has received the return shipment, the purchase amount will be refunded as soon as possible, but no later than within the statutory period of 30 days, in the same way as the customer made the payment.
- Paragraphs 1 and 5 do not apply to a company/legal entity.
Article 10. Risk transfer
10.1 The risk in the Product passes to the Customer at the moment Supplier makes it available to the Customer or the designated recipient by the Customer.
10.2 Irrespective of the provisions of paragraph 1, the parties may agree that the Customer will take care of the transport or collect the products himself. In that case, the risk of storage, loading, transport and unloading rests with the Customer. The Customer can insure itself against these risks.
Article 11. Termination, suspension and dissolution
11.1 An Agreement cannot be cancelled.
11.2 The Agreement cannot be terminated prematurely.
11.3 The Supplier is authorized to suspend fulfillment of its obligations or to dissolve the Agreement if:
– the Customer does not or does not fully comply with the obligations under the Agreement.
– after the Agreement has been concluded, the Supplier becomes aware of circumstances that give good grounds to fear that the Customer will not fulfill its obligations. If there is a well-founded fear that the Customer will only partially or improperly comply, the suspension is only permitted insofar as the shortcoming justifies it.
11.4 The Supplier is authorized to dissolve the Agreement (or have it dissolved) if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
11.5 If the Agreement is dissolved, the Supplier's claims against the Customer are immediately due and payable. If the Supplier suspends compliance with its obligations, it will retain its claims under the law and the Agreement.
11.6 The Supplier always retains the right to claim compensation.
Article 12. Liability
12.1 If the Supplier should be liable, then this liability is limited to what has been arranged in this article.
12.2 The products that the Supplier sells are not suitable for consumption and are not suitable for children. The Supplier is not liable for damage caused by use contrary to this provision.
12.3 If the Customer demonstrates that it has suffered damage as a result of an act or omission on the part of the Supplier, which would have been avoided with careful and expert action (breach of contract or wrongful act), the Supplier is liable for the damage up to a maximum of one time the invoice amount of the relevant Agreement.
12.4 The Supplier has the right at all times to prevent or reduce the damage suffered or suffered by the Customer as far as possible.
12.5 Damage is exclusively understood to mean damage to persons, damage to property and direct financial loss.
12.6 The Supplier is never liable for indirect damage, including consequential damage, lost profit, immaterial damage and missed savings.
12.7 The limitations of liability for damage included in these terms and conditions do not apply if the damage is due to intent or equivalent gross negligence on the part of the Supplier's manager/board.
12.8 The Supplier does not guarantee the correct and complete transmission of the content of an e-mail message sent, nor the timely receipt thereof.
12.9 The Supplier is not liable for damage, of whatever nature, because the Supplier relied on any incorrect and/or incomplete information provided by the Customer, unless the Supplier should have been aware of this inaccuracy or incompleteness.
12.10 The liability limitations laid down in this article are also stipulated for the benefit of persons or third parties engaged by the Supplier, who therefore have a direct appeal to the liability limitations.
Article 13. warranties, defects and claims
- For Products delivered with factory / respectively importers / or wholesale guarantees, only the guarantee provisions set by this supplier apply.
- The Customer must inspect (or have inspected) the delivered Products upon delivery. In doing so, the Customer must check whether the delivered goods comply with the Agreement, namely:
- whether the correct goods have been delivered.
- whether the delivered goods, in terms of quantity and number, correspond to the Order.
- whether the delivered goods meet the requirements that may be set for normal, sound use and/or (trade) purposes.
13.3 Visible defects or shortcomings that are detected or should have been detected must be reported to the Supplier immediately or within 7 days of the date of delivery.
13.4 The Customer who is a Consumer must notify the Supplier of defects in the Product within 2 months after discovery, or at least after discovery was reasonably possible, in writing and with reasons, stating the invoice details. The previous sentence shall apply mutatis mutandis to the Customer who is an Enterprise, provided that the relevant term is 30 days.
13.5 The Customer (Consumer and Company) must report complaints about invoices in writing to the Supplier within 30 days of the invoice date.
- If the Customer does not report defects or complaints within the aforementioned periods, his complaint will not be processed and his rights will lapse.
- Any claim of the Customer with regard to delivered Products also lapses if:
- the Products can no longer be identified as originating from the Supplier;
- the defects are (partly) the result of normal wear and tear (for example due to weather conditions or the sun), improper and/or incorrect treatment, assembly, use and/or storage, maintenance, repairs (by third parties) of the Products;
- The Supplier has not immediately been given the opportunity by the Customer to investigate the complaints and to fulfill its obligations;
- the Customer has not, not on time or not properly fulfilled the fulfillment of any obligation resting on it.
13.8 If it has been demonstrated that the Products do not comply with the Agreement, the Supplier has the option of either repairing the Products in question against their return, replacing them with new Products or reimbursing the invoice value thereof.
13.9 A complaint suspends the Customer's payment obligation
Article 14. Force majeure
- The Supplier is not obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributed to fault, is still for its account by virtue of the law, a legal act or generally accepted views.
- In these general terms and conditions, force majeure means, in addition to what is understood in this respect by law and jurisprudence, illness of the Supplier, strikes, cancellation and/or delay of purchasing materials, or of persons or third parties engaged by the Supplier, as well as all external causes, foreseen or unforeseen, over which the Supplier has no influence, but as a result of which the Supplier is unable to fulfill its obligations, such as fire, terrorism, interruptions or malfunctions in electricity and/or internet, delays at intermediaries or on the road.
- The Supplier is entitled to suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
Article 15. Intellectual Property
- All copyrights and other intellectual or industrial property rights to the website, documentation, designs, descriptions, drawings, models, budgets and calculations or other materials such as analyses, documentation, reports, quotations, as well as preparatory material thereof, are vested exclusively in the Supplier.
15.2 All intellectual property rights with regard to the (advertising) statements of the Supplier, including the Website, are vested in the Supplier.
15.3 Both parties must respect the intellectual property of third parties and each other. If the Customer is informed of an infringement by third parties, it must make this known to the Supplier.
Article 16. Retention of title and reindication
- All delivered goods (Products) remain the property of the Supplier until they have been paid in full by the Customer.
- Until then, the Customer is prohibited from pledging the goods or as security in any form whatsoever, or from passing them on to third parties (the latter is only possible if this is part of the normal business activities of the Customer).
- The Customer is obliged to store the goods delivered under retention of title carefully and as recognizable property of the Supplier. He is also obliged to insure these items against fire and water damage and theft. Any claims of the Customer under these insurance policies will be pledged by the Customer to the Supplier at the Supplier's first request, as additional security for the Supplier's claims against the Customer.
- Without prejudice to the right to compensation for costs and loss of profit, the Supplier has the right to take possession of the delivered goods again, if the Customer should be in default of meeting its payment obligations.
- If third parties (threaten to) seize (or have them seized) the goods delivered under retention of title or wish to establish or enforce them, the Customer is obliged to immediately inform the Supplier thereof.
- If the Customer fails to comply with any obligation towards the Supplier, or if the Supplier has good grounds to fear that it will fail to comply with those obligations, the Supplier is authorized to take back the goods delivered under retention of title, without prejudice to its right to performance, dissolution and /or compensation. The Customer is obliged to provide full cooperation in this regard. All costs related to the repossession are for the account of the Customer. If the Customer still fulfills all its obligations towards the Supplier after taking them back, all costs related to the return of the taken back goods will be borne by the Customer.
Article 17. Indemnification
- The Customer indemnifies the Supplier, its subordinates and auxiliary persons against claims from third parties with regard to intellectual property rights on materials or data provided by the Customer.
- The Customer indemnifies the Supplier against any claims from third parties who suffer damage in connection with the performance of the agreement and which can be attributed to the Customer.
- The Customer indemnifies the Supplier against claims from third parties for damage caused by the Customer providing the Supplier with incorrect or incomplete information.
- The Customer indemnifies the Supplier against all claims from third parties - including any shareholders, directors, supervisory directors and personnel of the Supplier, as well as affiliated legal entities and companies and others involved in the organization of the Supplier - arising from or related to the activities of the Supplier for the benefit of the Customer.
- The Customer also indemnifies the Supplier against claims from third parties whereby the Supplier is regarded as a co-perpetrator of the Customer.
Article 18. Processing personal data
18.1 Supplier processes personal data in accordance with the General Data Protection Regulation (hereinafter: GDPR).
18.2 Supplier may engage third parties. These third parties can process personal data in the capacity of (sub) processor.
18.3 The Supplier has taken adequate technical and organizational measures to protect personal data against loss or unlawful use.
18.4 The Customer or a person involved can request access to the data that the Supplier processes about the relevant requester. In addition, the Customer can ask the Supplier to correct or delete this data. After the request, the Supplier will provide an overview of the personal data within four weeks. The request can be made in writing to the address of the Supplier. If there are inaccuracies in the registered personal data, the Supplier would like to receive a request for correction or deletion of the data. The Supplier may charge a statutory fee for the request for information.
18.5 The Supplier only provides personal data to third parties if there is a legal obligation to do so or if this arises from the Agreement or on the basis of permission. The Customer is responsible for providing the personal data correctly and in accordance with legislation.
Article 19. Expiration Period
19.1 Insofar as not stipulated otherwise in these general terms and conditions, claims and other powers of the Customer for whatever reason against the Supplier in connection with the performance of work by the Supplier expire in any event one year after the time when the Customer became aware or could reasonably be expected to with the existence of these rights and powers.
Article 20. Applicable law and disputes
20.1 Dutch law applies to every Agreement and/or related events between the Customer and the Supplier. In the event of any disputes, the competent court in the district of the Supplier's place of business has jurisdiction, unless the subdistrict court has jurisdiction. Nevertheless, the Supplier has the right to submit the dispute to the competent court according to the law.
20.2 For consumers living outside the Netherlands and within Europe, the consumer law of the relevant country where the consumer resides applies. For example, if the consumer lives in Germany, German consumer law applies.
20.3 The applicability of the Vienna Sales Convention is expressly excluded.
General terms and conditions of delivery – Decofoodshop 2020