GENERAL CONDITIONS OLD AMSTERDAM CHEESE STORE B.V.
ARTICLE 1. | DEFINITIONS
In these conditions the following terms have the following meanings:
- Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
- Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Distance contract: an agreement whereby, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is exclusively made of one or more communication techniques. distance;
- Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same space at the same time;
- Time for reflection: the period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
ARTICLE 2. | IDENTITY OF THE ENTREPRENEUR
Entrepreneur: Old Amsterdam Cheese Store B.V.
Business address: Damrak 62, 1012LM in Amsterdam
Telephone number: +31 (0) 203301602
Chamber of Commerce number: 57058571
VAT identification number: 852421163B01
ARTICLE 3. | APPLICABILITY
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. most beneficial.
- If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will continue to apply and the provision in question will be immediately replaced by a provision that is mutually agreed upon. as close as possible to the tenor of the original.
- Situations not regulated in these terms and conditions should be assessed “in the spirit” of these terms and conditions.
- Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these terms and conditions.
ARTICLE 4. | THE OFFER
- If an offer of a product and / or service from the entrepreneur (the “offer”) has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is considered revocable and without obligation until the moment it is accepted by the buyer. Until that time, the entrepreneur is free to withdraw or revoke the offer, increase it or otherwise change it.
- The offer contains a description of the products or services offered. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
- All images, specifications and data in the offer are indications and cannot give rise to compensation or termination of the agreement.
- If the entrepreneur uses images, these are a true representation of the products and / or services offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- The entrepreneur is not obliged to execute the order, nor to compensate for any disadvantage suffered by the buyer, when, when presenting the product or service, formulating its properties or stating the price has made an obvious mistake, error or mistake, and
- it should have been clear to the buyer that the relevant case concerned a typographical error, mistake or clerical error, or
- if, under the given circumstances, the buyer has not reasonably been able to rely on the entrepreneur supplying or being able to supply the object with those properties at that price.
ARTICLE 5. | AGREEMENT
- The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
- The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- The address of the entrepreneur where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about guarantees and existing after-sales service;
- The information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- The price including all taxes of the product or service; insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract.
- In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
- Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
ARTICLE 6. | RIGHT OF WITHDRAWAL
On delivery of products
- When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 days. This period commences on the day after receipt of the product by or on behalf of the consumer. The entrepreneur is allowed to ask about the reasons for the withdrawal, but the consumer is not obliged to answer those questions.
- During this period, the consumer will handle the product and 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 makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of contact in writing by e-mail. To be sent to firstname.lastname@example.org.
- After the consumer has made known that he wants to use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
- If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal, resp. the product has not been returned to the entrepreneur, the purchase is a fact.
- In case of discussion, the risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the buyer.
When providing services
- When providing services, the consumer has the option to dissolve the contract without giving any reason during 14 working days, starting on the day of entering into the contract.
- To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.
ARTICLE 7. | COSTS IN THE EVENT OF WITHDRAWAL
- If the consumer makes use of his right of withdrawal, the full costs for returning a product will be borne by the buyer. Return costs may vary due to the size, weight, nature, volume of the product and the chosen shipping method. The full return costs may be higher than the shipping costs paid by the buyer in the first instance.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
- If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
ARTICLE 8. | EXCLUSION OF RIGHT OF WITHDRAWAL
- The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- Which have been created by the entrepreneur in accordance with the consumer’s specifications;
- Which are clearly personal in nature;
- Which by their nature cannot be returned;
- That can spoil or age quickly;
- For hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- Concerning restaurant business to be performed on a specific date or during a specific period;
- The delivery of which commenced with the express consent of the consumer before the reflection period has expired.
ARTICLE 9. | THE PRICE
- During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- The prices stated in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
ARTICLE 10. | CONFORMITY AND WARRANTY
- The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition. The costs for return shipment will be borne by the entrepreneur.
- The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
- The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
- The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
ARTICLE 11. | DELIVERY AND EXECUTION
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.
- For international deliveries, additional costs, such as import duties and / or customs fees, may apply to the shipment, depending on the laws in force in the country. These costs are not included and therefore for the account of the recipient.
ARTICLE 12. | DURATION TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION
- The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, with due observance of the agreed cancellation rules and a notice period of one month.
- The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of one month.
- The consumer can the agreements mentioned in the previous paragraphs:
- Cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same way as they have been entered into by him;
- Always cancel with the same notice period as the entrepreneur has stipulated for himself.
- A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed period.
- A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with one month’s notice, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
ARTICLE 13. | PAYMENT
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this term after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
- In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14. | FORCE OF THE MAJORITY
- The entrepreneur is entitled to dissolve the purchase agreement between her and the buyer if the entrepreneur cannot fulfill his obligations under the agreement due to force majeure temporarily or permanently. Force majeure means all circumstances that cannot reasonably be influenced by the entrepreneur. This expressly includes the fact that its suppliers cannot deliver to the entrepreneur (on time or under the same conditions). In that case, the buyer is entitled to a refund of the amount paid by him to the entrepreneur, which in any case will be returned within 14 days after the dissolution. In that case, the buyer is not entitled to any compensation.
ARTICLE 15. | PERSONAL DATA
- The legal requirements with regard to the protection of personal data, as laid down in the General Data Protection Regulation and the General Data Protection Implementation Act, are complied with by the entrepreneur. For example, the buyer always has the option to view, change or delete his or her own data.
- The entrepreneur will include the information provided by the buyer in a file. These data will be used for the execution of the order of the buyer and kept as long as necessary for handling any complaints as a result of the execution of the order. No data will be passed on to third parties where the privacy of the buyer is at stake. In case of delivery by third parties, the entrepreneur will make this known to the customer so that the customer is aware that essential data for making the delivery possible are passed on to the supplier / transporter.
ARTICLE 16. | COMPLAINT PROCEDURE
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects. Complaints can be submitted by email, to be sent to email@example.com.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
- In case of complaints, a consumer must first turn to the entrepreneur. If the web shop is affiliated with the WebwinkelKeur Foundation and complaints that cannot be resolved by mutual agreement, the consumer must turn to the WebwinkelKeur Foundation (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not found, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The ruling of this is binding and both entrepreneur and consumer agree with this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.
ARTICLE 17. | DISPUTES
- These General Terms and Conditions, the agreement and all other legal relationships between the entrepreneur and the buyer are exclusively governed by Dutch law, regardless of the country from which the order is placed. The Amsterdam District Court has exclusive and exclusive jurisdiction to hear disputes arising from this agreement.
- The Vienna Sales Convention does not apply.
ARTICLE 18. | ADDITIONAL OR DIFFERENT PROVISIONS
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
These General Terms and Conditions were last amended in April 2020.