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General terms and conditions
Article 1 - Definitions
In these conditions the following terms have the following definitions:
- De Kleine Keuken: user of these general terms and conditions and the consumer's counterparty;
2. Consumer: the natural person who does not act in a professional or business context and who enters into a (remote) agreement with De Kleine Keuken;
3. Cooling off period: the period of time in which the consumer can exercise his right of cancellation;
4. Day: calendar day;
5. Duration transaction: a remote agreement regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
6. Durable data carrier: every tool that enables the consumer or De Kleine to store information that is addressed to him in person, in a way that enables future consultation and unaltered reproduction of the stored information.
6. Right of cancellation: the possibility for the consumer to cancel the distance contract within the cooling-off period;
7. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling, whereby up to and including the conclusion of the agreement use is exclusively or partly made of one or more techniques for communication at a distance, such as through a web shop or email.
Article 2 - Identity of the entrepreneur
De Kleine Keuken/Truly Foods B.V.
Phone number: 0652023074
Address: Woudenbergseweg 41
Email address: [email protected]
Article 3 - Applicability
1. These terms and conditions apply to every offer made by the De Kleine Keuken and to every distance contract that has been concluded between De Kleine Keuken and the consumer.
2. The text of these general terms and conditions is made available to the consumer by De Kleine Keuken, either by sending it free of charge, or by reference to the place where the consumer can download these general terms and conditions prior to the conclusion of the agreement.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available electronically to the consumer in such a way that the consumer can store these in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, De Kleine Keuken will indicate where the terms and conditions can be consulted electronically. At the request of the consumer the terms and conditions will be forwarded free of charge by electronic means or otherwise.
4. In the event that specific product- or service conditions apply in addition to these terms and conditions, the second and third paragraphs of the contract shall apply. In the event of conflicting conditions the consumer may always invoke the applicable provision that is most favourable to him.
5. All intellectual property rights with regard to the website, web store, including the software, texts, images and sounds, are vested in De Kleine Keuken and/or a third party from whom De Kleine Keuken has obtained a user right. The consumer shall refrain from infringing these intellectual property rights. Sharing, (deep) linking to, embedding, copying and editing of original content from the website or use of the De Kleine Keuken logo requires the prior written permission of De Kleine Keuken.
Article 4 - The range
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer shall contain a complete and accurate description of the products, digital content and/or services offered. If De Kleine Keuken makes use of images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind De Kleine Keuken.
3. De Kleine Keuken aims to inform the consumer as clearly as possible about the rights and obligations that are attached to accepting the offer. This concerns the following in particular:
o the price including taxes;
o any delivery charges that may arise;
o the manner in which the agreement will be concluded and which actions are required for this;
o whether or not the cooling-off period and the right of withdrawal are applicable;
o the payment method, delivery and implementation of the agreement;
o the period for accepting the offer, or the period within which De Kleine Keuken guarantees a certain price;
o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
o the minimum duration of the distance 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 moment of acceptance of the offer by the consumer and the fulfilment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, De Kleine Keuken will immediately electronically confirm the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by De Kleine Keuken, the consumer can dissolve the agreement.
4. De Kleine Keuken can obtain information as to whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If De Kleine Keuken, based on this investigation, has good reasons not to enter into the agreement, De Kleine Keuken is entitled to refuse an order or request with reasons given, or to attach special conditions to the execution thereof.
5. De Kleine Keuken will include the following information for the consumer with the delivery of the product or service:
a. the visitors address of De Kleine Keuken where the consumer can direct complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of cancellation, or a clear statement regarding the exclusion of the right of cancellation;
c. the information about warranties and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless De Kleine Keuken has already provided this information to the consumer prior to the execution of the agreement;
e. the way in which an agreement with a duration of more than one year can be cancelled.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
7. The consumer must be 18 years old or above when he or she places an order in the web shop or creates an account. If the consumer is under 18 years of age, the explicit consent of his or her legal representatives must have been obtained.
Article 6 - Right of cancellation or withdrawal
1. De Kleine Keuken can exclude the consumer's right to withdraw for cases mentioned in paragraph 2 of this article.
2. The right of withdrawal does not apply to the following products:
a. that have been created by De Kleine Keuken in accordance with the consumer's specifications;
b. that are clearly personal or personalised;
c. that cannot be returned due to their nature;
d. that can expire or age quickly.
- In the cases mentioned above, De Kleine Keuken will inform the consumer in a timely manner about the lack of right to cancellation.
Article 7 - The price
1. During the period of validity mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in tax rates.
2. Contrary to the previous paragraph, De Kleine Keuken 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. In that case De Kleine Keuken will apply recommended retail prices. In that event, the offer shall state that the quoted prices are subject to fluctuations and are recommended retail prices.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if De Kleine Keuken has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the option to cancel the agreement starting from the day when the price increase takes effect.
5. The prices of goods or services stated in the offer are inclusive of taxes.
6. The prices stated in the web shop may differ slightly from the prices in our physical points of sale (for example in the case of special offers in store).
7. For all online purchases, the consumer will pay the online price of the article as at the time of ordering. Should there be a different price at one of the physical retail point, no rights can be derived from this.
8. Offers advertised in the web shop will only apply to those orders placed within the time frame of the offer and/or until sold out.
Article 8 - Conformity and Warranty
1. De Kleine Keuken warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that exist on the date of the conclusion of the agreement.
- An additional warranty provided by De Kleine Keuken does not limit the legal rights and claims that the consumer can enforce against De Kleine Keuken under the agreement.
Article 9 - Supply and execution
1. De Kleine Keuken will take the greatest possible care when adhering to the agreement with the consumer.
- The place of delivery is the address that the consumer has supplied to De Kleine Keuken.
3. With due observance of what has been stated in article 4 of these terms and conditions, De Kleine Keuken will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to cancel the agreement without incurring any costs.
4. After dissolution in accordance with the previous paragraph, De Kleine Keuken will refund the paid amount by the consumer in full and as soon as possible, but in any case no later than 30 days after the contract has been terminated.
5. Should it be impossible to supply an ordered item, De Kleine Keuken will do its very best to supply a replacement product. There will be clear communication about the supply of a replacement product no later than the delivery date. Cancellation of contract cannot be excluded when a replacement product is supplied. Any costs incurred by the returning of products will be paid by De Kleine Keuken.
6. The risk of damage and/or loss of products rests with De Kleine Keuken until the moment of delivery to the consumer or a predesignated representative announced to the entrepreneur, unless expressly agreed otherwise.
Article 10 Force majeure
- De Kleine Keuken is not obliged to fulfil any obligation if it is hindered in doing so as a result of force majeure. This always concerns a circumstance that is not due to the fault of De Kleine Keuken and that is not for the account of the law, legal act or generally accepted views.
- In these general terms and conditions, force majeure, in addition to what is understood by law and jurisprudence, is understood to mean: all external causes, foreseen or unforeseen, over which De Kleine Keuken cannot exercise influence, and as a result of which De Kleine Keuken cannot able to meet its obligations. Strikes in the company of De Kleine Keuken or third parties are included in this. De Kleine Keuken will make every effort to inform the consumer of any force majeure situation.
- De Kleine Keuken also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment of the agreement occurs after De Kleine Keuken should have fulfilled its obligation.
- De Kleine Keuken has the right to suspend its obligations under the agreement as long as the force majeure situation continues. If this period lasts longer than two months, both parties may terminate the agreement without obligation to compensate damage to the other party.
- If, at the time of force majeure, De Kleine Keuken has (partially) fulfilled its obligations under the agreement or will be able to fulfil it, and the part fulfilled or to be fulfilled will have independent value, it is entitled to fulfil the already fulfilled or after to be invoiced separately. The consumer is obliged to pay this invoice as if it were a separate agreement.
Article 11 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after receipt of the order confirmation.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to De Kleine Keuken without delay.
3. In the event of non-payment, late or incomplete payment by the consumer, De Kleine Keuken has the right, subject to legal restrictions, to charge the consumer the reasonable costs - including statutory interest and collection costs - in connection with collection of the amounts to the consumer.
Article 12 - Complaints
1. The entrepreneur has a clearly publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
2. Complaints regarding the execution of the agreement must be submitted to De Kleine Keuken in detail and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to De Kleine Keuken will be answered within 21 days from the date of receipt. If a complaint requires a foreseeably longer processing time, De Kleine Keuken will respond within 21 days with a notice of receipt and an indication of the time it will take to process.
4. If the complaint cannot be resolved amongst the involved parties, a dispute arises that is subject to the dispute settlement procedure.
Article 13 - Applicable law
1. Agreements between De Kleine Keuken and the consumer to which these terms and conditions apply are subject to Dutch law.
- If there is a dispute in connection with or arising from the agreement concluded between the consumer and De Kleine Keuken, and the dispute cannot be resolved in accordance with the complaints procedure, both parties have jurisdiction to submit the dispute to the court in the consumer's place of residence.
Article 14 - Partial validity; additional or alternate provisions
1. If one or more provisions in these general terms and conditions are wholly or partially invalid at any time or should be annulled, then the remaining provisions in these general terms and conditions remain fully applicable. De Kleine Keuken and the consumer will agree to new provisions in consultation, taking into account the purpose and scope of the original provisions as much as possible.
- De Kleine Keuken reserves the right to change or add to these General Terms and Conditions. In this case De Kleine Keuken will inform its consumers via an announcement on its website stating the changes.
VERSION 1.0 JUNE 2018. All rights reserved.