GENERAL CONDITIONS ONLINE SALE
August 1, 2019
Article 1: Definitions
1.1 Seller: DJelloulicious Food, established in Emmastraat 13, 5503 JJ, Veldhoven,
registered at the Chamber of Commerce in Eindhoven with the registration number: KVK 17241154, is referred to as the seller. VAT NL1604.55.704.B01.
Contact via contact form on the website.
1.2 Buyer: The buyer is referred to as the seller's counterparty.
1.3 Parties: Parties are seller and buyer together
1.4 Agreement: The agreement means the purchase agreement between the parties.
Article 2: Applicability of general terms and conditions
2.1 These terms and conditions apply to all quotations, offers, orders, agreements and delivery of services or goods of DJelloulicious Food
2.2 By placing an order you indicate that you agree with the delivery and payment conditions. DJelloulicious Food reserves the right to change its delivery and/or payment conditions after the expiry of the term.
2.3. The provisions in these general terms and conditions can only be deviated from if this has been explicitly agreed in writing by the parties and in which case the other provisions of these general terms and conditions remain fully in force.
Article 3: Delivery and implementation
3.1 The seller will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
3.2 Delivery takes place while stocks last.
3.3 All periods mentioned on offers and websites are indicative. No rights can therefore be derived from the aforementioned periods.
3.4 A delivery period specified by the seller is indicative and never a deadline.
Delivery of accepted orders will be executed by the seller with due speed but at the latest within 30 days, unless a different delivery period has been agreed or indicated on the website.
Delivery will generally take place within 3 to 7 business days. If the delivery time up to 7 working days is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially executed, the seller will contact the buyer to adjust the order or to adjust a different delivery period. If the buyer does not agree with this, the buyer has the right to cancel the order by reporting this in writing (by letter and / or e-mail) to DJelloulicious Food, and the buyer will receive a refund of the full purchase amount.
3.5 Any payments already made by the buyer will be transferred to the bank or giro account of the buyer as soon as possible, but in any case within fourteen working days after DJelloulicious Food has received the request for termination of the agreement mentioned in the previous article (article 3.4). refunded.
3.6 After the buyer has received the article he/she has ordered, the buyer has the authority to dissolve the underlying agreement with DJelloulicious Food within seven (7) working days after receiving this article. The customer does not have to provide a reason for this.
3.7 If the buyer wishes to dissolve the agreement pursuant to article 2.5 of these general terms and conditions, the customer must report this in writing (via e-mail or letter) to DJelloulicious Food. The buyer must return the item in the correct and undamaged packaging after consultation with DJelloulicious Food to an address determined by DJelloulicious Food. In this case, the buyer must bear the costs of and the risk for sending.
3.8 If the buyer has already made any payments at the time the buyer has revoked the agreement with DJelloulicious Food pursuant to article 3.5 of these general terms and conditions, DJelloulicious Food will make these payments within fourteen (14) working days after DJelloulicious Food has returned the article returned by the buyer has received to the customer. The delivery costs that DJelloulicious Food has made to send the item to the buyer will be for the account of the buyer and will be deducted. The buyer receives the payment made minus the delivery costs.
3.9 DJelloulicious Food reserves the right to refuse returned items or to credit only part of the amount already paid if it is suspected that the item has already been opened, used or due to the fault of the buyer (other than that of DJelloulicious Food) is damaged.
3.10 If an article is returned that, in the opinion of DJelloulicious Food, has been damaged due to an action or negligence of the buyer or is otherwise at the risk of the buyer, DJelloulicious Food will inform the buyer in writing (by letter or e-mail). DJelloulicious Food has the right to withhold the depreciation of the item as a result of this damage from the amount to be reimbursed to the buyer.
3.11 The place of delivery is the address that the consumer has made known to the seller.
3.12 A. Delivery is handled personally. B. Delivery is provided by PostNL or DPD, unless otherwise indicated and can be followed via the Track and Trace system of the relevant delivery person. Usually you deliver the day after sending (including Saturdays). During the day of shipment we will automatically send you the link to the Track and Trace system with your order by e-mail. As soon as the delivery person reports the delivery as 'delivered', the order is considered to be processed. Complaints about non-delivery or incorrect delivery are then no longer possible.
3.13 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the buyer, unless explicitly agreed otherwise. As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.
Article 4: Prices
4.1 All stated prices for the products and services offered on the website are in Euros, including VAT, any taxes and/or other levies, unless stated otherwise or agreed in writing.
4.2 All prices on the website are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
4.3 The sale, delivery and provision of goods or the performance of work and/or services take place at the prices and rates applied by the seller at the time the agreement was concluded.
4.4 The seller reserves the right to change prices and rates. Changed prices and rates apply (unless agreed otherwise) from the moment they are entered.
4.5 Prices are not increased within the duration of the offer, unless legal measures make this necessary or if third parties implement interim price increases.
4.6 If the prices for the offered products and services increase in the period between the order and the execution thereof, then the seller is entitled to cancel the order or to dissolve the agreement within ten (10) days after the seller has notified the price increase.
Article 5: Payment
5.1 The full purchase price is paid directly in the web store.
5.2 With special reservations, a deposit of at least 50% is expected in some cases, of which the buyer receives proof of the reservation and the prepayment.
5.3 The seller offers the buyer various payment options.
5.4 If the buyer does not meet his payment obligation (s) in time, the buyer will be in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation. The seller will point out to the buyer the late payment and allow the buyer a period of 14 days to still meet the payment obligations. After payment has not been made within this 14-day period, the statutory interest is due on the amount still due and the seller is entitled to charge the extrajudicial collection costs incurred by him on the basis of the Reimbursement for Extrajudicial Collection Costs Decree.
5.5 Collection costs: If the customer is in default or in default with the fulfillment of one or more of his obligations, then all reasonable costs for obtaining satisfaction out of law will be borne by the customer. In any case, the customer owes: - 15% for the first € 2,500 (minimum € 50); - 10% on the excess up to € 5,000; - on the excess up to € 10,000, 5%; - 1% over the excess.
5.6 If the seller demonstrates that he has incurred higher costs, which were reasonably necessary, these will also qualify for reimbursement.
5.7 In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, the claims of the seller on the buyer are immediately claimable.
Article 6: Right of withdrawal
6.1 The buyer is entitled to dissolve the agreement within 14 days after receiving the order without giving any reason (right of withdrawal). The period starts from the moment that ordered goods have been delivered to the buyer. If the buyer has not returned the delivered goods after this period, the purchase is final.
6.2 There is no right of withdrawal if the products are tailor-made according to specifications or have a short shelf life.
The right of withdrawal does not apply to goods or services that cannot be returned due to their nature, for example due to hygiene or that can spoil or age. This applies to all food products.
6.3 The buyer can use a withdrawal form from the seller, which is obliged to make this available to the buyer at the buyer's request.
6.4 During the cooling-off period the buyer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller. If the goods have been used, encumbered or damaged in any way by the buyer, the right to dissolve shall lapse.
The seller ensures that within 30 days after the receipt of the return shipment, the full purchase amount including the calculated shipping costs will be refunded to you. However, the return of the delivered goods is entirely for your account and risk.
The buyer is obliged, before proceeding to return the goods, to notify the seller in writing within the period of 14 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition.
Article 7: Warranty
7.1 DJelloulicious Food guarantees that the articles supplied, if included in the agreement, answer and meet the specifications stated in the offer (including requirements of usability, reliability and lifespan) and thereby guarantee the article delivered to you . This guarantee applies for a period of one calendar year after receipt of the sold item by the buyer.
7.2 The aforementioned guarantee does not apply if the defect has arisen as a result of improper or improper use or if - without permission - the buyer or third parties have made changes or tried to make or used the purchased for purposes for which it was not intended.
7.4 If the guarantee provided by the seller relates to an item produced by a third party, the guarantee is limited to the guarantee provided by that producer.
7.5 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, you must (before proceeding to return) report these defects immediately in writing to the seller. Any defects or incorrectly delivered goods must be reported to the seller up to a maximum of 1 month after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of defects, damage arising after detection of defects, encumbering and/or resale after detection of defects, completely voids this right to complain and return.
Article 8: Offers
8.1 Quotations are without obligation, unless stated otherwise in the quotation.
8.2 Upon acceptance of a non-binding offer by the customer, DJelloulicious Food reserves the right to withdraw the offer or to deviate from it within the period of 3 working days after receipt of that acceptance.
8.3 Oral commitments only bind DJelloulicious Food after they have been explicitly confirmed in writing.
Article 9: Agreement
9.1 An agreement between DJelloulicious Food and a customer is established after an order or assignment has been assessed by DJelloulicious Food for feasibility.
9.2 DJelloulicious Food reserves the right, without stating reasons, not to accept orders or assignments or to accept them only on condition that the shipment takes place after payment in advance.
Article 10: Privacy
10.1 If you place an order with DJelloulicious Food, your details will be included in the DJelloulicious Food customer base. DJelloulicious Food adheres to the Data Protection Act and will not provide your information to third parties.
10.2 DJelloulicious Food respects the privacy of the users of the website and ensures confidentiality of your personal information.
10.3 DJelloulicious Food uses a mailing list. Each mailing contains instructions to remove yourself from this list.
10.4 Personal data entered by the customer will be included in a file. This data will be used for the execution of the customer's order. This information will not be provided to third parties.
10.5 Unless the customer has indicated that the customer does not appreciate this, the data of the customer will be included in a central file of DJelloulicious Food. The processing of customer data will be done in accordance with applicable laws and regulations. This data will be used to keep the customer fully up-to-date with regard to the matters and services of DJelloulicious Food.
10.6 The customer can, if desired, gain insight into the data that are recorded by DJelloulicious Food about the person of the customer in the file of DJelloulicious Food. The customer is entitled to request a change of data if this data is incorrect.
Article 11: Force majeure
11.1 The seller is not liable for damage suffered by the buyer, if and insofar as its obligations cannot be met due to force majeure.
11.2. Force majeure is understood by the parties to be any strange cause, as well as any circumstance, which should not reasonably be for the risk of the seller. Delays in or non-performance by our suppliers, transport difficulties, strikes, company occupation of government measures, delays in supply, negligence of suppliers and / or vendor manufacturers as well as assistants, illness of personnel, war or war danger, civil war and riot, molestation, sabotage, terrorism , energy disruption, internet disruption, flood, earthquake, fire, defects in aids or means of transport are expressly considered as force majeure.
11.3. In the event of a month of force majeure, DJelloulicious Food reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that implementation remains possible. Under no circumstances is DJelloulicious Food obliged to pay any fine or compensation.
11.4 If the force majeure continues for more than three months, the buyer has the right to terminate the agreement in writing with immediate effect.
Article 12: Images and specifications
12.1 All images; photo, drawing etc. and (technical) specifications; data on weights, dimensions, colours, etc. on the website of Oliove.nl (and .com) are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
Article 13: Intellectual Property Rights
13.1. The customer must fully and unconditionally respect all intellectual and industrial property rights that rest on the goods delivered by DJelloulicious Food.
13.2. DJelloulicious Food does not guarantee that the goods delivered to the customer do not infringe on any intellectual and/or industrial property right of third parties and does not accept any liability in the event of any claim by third parties based on the statement that an item supplied by DJelloulicious Food is infringing made to any right of a third party.
Article 14: Communication
14.1 DJelloulicious Food is in no way liable for misunderstandings, damage, delays or unclear transmission of orders and communications as a result of the use of the internet or any other means of communication in traffic between the customer and DJelloulicious Food or between DJelloulicious Food and third parties , insofar as it relates to the relationship between the customer and DJelloulicious Food.
Article 15: Complaints
15.1. All complaints in connection with the delivery, quality, quality of the item or any other complaint will be taken seriously by DJelloulicious Food.
15.2. The buyer must make a complaint, with a description of the shortcoming as detailed as possible, in writing to the seller (by letter or e-mail), so that the seller is able to respond adequately.
15.3. DJelloulicious Food will try to resolve the complaint within ten (10) working days. If the complaint is well-founded, the seller is obliged to repair the goods and possibly replace them. The seller will inform the customer about this in writing (via letter or e-mail).
Article 16: Various
16.1 If the buyer submits a written address to DJelloulicious Food, DJelloulicious Food is entitled to send all orders to the relevant address, until DJelloulicious Food has provided a new address.
16.2. DJelloulicious Food is authorized to make use of third parties in the execution of the buyer's order (s).
Article 17: Applicable law and dispute settlement
17.1 All rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply are exclusively governed by Dutch law.
17.2 The competent court within the Eindhoven district will take cognizance of disputes arising from an agreement between seller and buyer, which cannot be resolved by mutual agreement, unless the seller prefers the dispute to the competent court of the place of residence of submit the client, and with the exception of those disputes that fall within the competence of the sub district court judge.
17.3 If one or more provisions of these general terms and conditions are considered unreasonably onerous in legal proceedings, the remaining provisions will remain in full force.