Condiciones generales

CONTENTSARTICLE 1 - DefinitionsARTICLE 2 - Information about Arts Food Products B.V.ARTICLE 3 - ApplicabilityARTICLE 4 - The OfferARTICLE 5 - The AgreementARTICLE 6 - Right of WithdrawalARTICLE 7 - Costs in Case of WithdrawalARTICLE 8 - Exclusion of Right of WithdrawalARTICLE 9 - The PriceARTICLE 10 - Conformity and WarrantyARTICLE 11 - Delivery and PerformanceARTICLE 12 - Duration AgreementsARTICLE 13 - PaymentARTICLE 14 - Complaints ProcedureARTICLE 15 - DisputesARTICLE 16 - Trade GuaranteeARTICLE 17 - Additional or Deviating ProvisionsARTICLE 18 - Amendment of the general terms and conditions of the Stichting Webshop KeurmerkARTICLE 1 – DefinitionsIn these terms and conditions, the following definitions apply:Consumer: a natural person who does not act in the course of a profession or business and enters into a distance contract with AFP;Distance Contract: a contract concluded within the framework of a system organized by AFP for distance selling of products and/or services, up to and including the conclusion of the contract using one or more means of distance communication;Means of Distance Communication: a medium that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space;Cooling-Off Period: the period during which the consumer can exercise his right of withdrawal;Right of Withdrawal: the consumer's ability to renounce the distance contract during the cooling-off period;Day: calendar day;Continuous Transaction: a distance contract relating to a series of products and/or services, the delivery and/or consumption of which is spread over time;Durable Medium: any means that enables the consumer or entrepreneur to store information directed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information possible.ARTICLE 2 – Information about Arts Food Products B.V. Arts Food Products B.V.Sigarenmakerstraat 5NL-5232BJ ‘s-Hertogenbosch Tel.: +31 (0) 73 737 0129Arts Food Products B.V. is registered with the Dutch Chamber of Commerce under number 75980908 with VAT number: NL860466395B01. In these General Terms and Conditions, Arts Food Products BV is abbreviated as AFP.ARTICLE 3 – Applicability1. These general terms and conditions apply to every offer from AFP and to every distance contract concluded between AFP and the consumer.2. Before the distance contract is concluded, the text of these general terms and conditions is 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 seen at AFP and they will be sent to the consumer free of charge as soon as possible at the request of the consumer.3. If the distance contract is concluded electronically, contrary to 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 can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.4. 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 terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.ARTICLE 4 – The Offer 1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If AFP uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind AFP.3. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.ARTICLE 5 – The Agreement 1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and complies with the corresponding conditions.2. If the consumer has accepted the offer electronically, AFP will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by AFP, the consumer may rescind the contract.3. If the agreement is concluded electronically, AFP will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, AFP will observe the necessary security measures.4. AFP may, within legal frameworks, inform itself 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, based on this investigation, AFP has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution. ARTICLE 6 – Right of Withdrawal 1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated by the consumer and announced to AFP in advance.2. During the cooling-off 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 exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to AFP, in accordance with the reasonable and clear instructions provided by AFP.3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify AFP within 14 days of receiving the product. After the consumer has made known that he wishes to exercise 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 proof of shipment.4. If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to AFP, the purchase is a fact.ARTICLE 7 – Costs in Case of Withdrawal 1. If the consumer exercises his right of withdrawal, he shall bear the cost of returning the goods.2. If the consumer has paid an amount, AFP will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal. ARTICLE 8 – Exclusion of Right of Withdrawal1. Exclusion of the right of withdrawal is only possible for products:a. which have been created by the entrepreneur in accordance with the consumer's specifications;b. which are clearly personal in nature;c. which cannot be returned due to their nature;d. which can spoil or become obsolete;e. the price of which is dependent on fluctuations in the financial market over which the entrepreneur has no influence;f. for individual newspapers and magazines;g. for audio and video recordings and computer software of which the consumer has broken the seal.2. Exclusion of the right of withdrawal is only possible for services:a. relating to accommodation, transport, restaurant, or leisure activities to be carried out on a certain date or during a certain period;b. the delivery of which has been started with the express consent of the consumer before the cooling-off period has expired;c. relating to bets and lotteries.3. Exclusion of the right of withdrawal is only possible for digital content:a. that has been delivered by AFP with the express consent of the consumer before the cooling-off period has expired;b. for which the consumer has waived his right of withdrawal. ARTICLE 9 – The Price 1. 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 due to changes in VAT rates.2. Contrary to the previous paragraph, AFP may offer products or services whose prices are subject to fluctuations in the financial market over which AFP has no influence, at variable prices. The offer will state the possibility of fluctuations and the fact that any stated prices are target prices.3. Price increases within 3 months after the conclusion of the contract are only allowed 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 AFP has stipulated this and:a. they are the result of statutory regulations or provisions; orb. the consumer has the authority to cancel the contract with effect from the day the price increase takes effect.5. The prices stated in the range of products or services include VAT. ARTICLE 10 – Conformity and Guarantee 1. AFP guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of reliability and/or usability, and with the statutory provisions existing on the date of the conclusion of the contract. If agreed, AFP also guarantees that the product is suitable for other than normal use.2. A guarantee provided by AFP, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against AFP on the basis of the contract.3. Any defects or incorrectly delivered products must be reported to AFP in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition. ARTICLE 11 – Delivery and Execution 1. AFP will take the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.2. The place of delivery is the address that the consumer has made known to AFP.3. With due observance of what is stated in article 4 of these general terms and conditions, AFP will execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to compensation.4. In the event of dissolution in accordance with the previous paragraph, AFP will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution. ARTICLE 12 – Continuing Performance Transactions: Duration, Termination, and Extension Duration:1. The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, in compliance with the agreed termination rules and a notice period of no more than one month.2. The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time, in compliance with the agreed termination rules and a notice period of no more than one month.3. The consumer can enter into the agreements mentioned in the previous paragraphs:- at any time and will not be restricted to any given period or period;- at least in the same way as they have been entered into by the consumer;- with a notice period of no more than one month.Extension:4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.5. Notwithstanding the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be extended automatically for a fixed period of up to three months if the consumer can dissolve this extended agreement at the end of the extension with a notice period of no more than one month.6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be extended automatically for an indefinite period if the consumer can dissolve the agreement at any time, with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily news and weekly newspapers and magazines.7. An agreement with limited duration to the regular delivery of daily news, news, and weekly newspapers and magazines (trial and introductory subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period.8. Duration:9. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed term. ARTICLE 13 – Payment 1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.3. The consumer has the duty to report inaccuracies in payment data provided or stated to AFP without delay.4. In the event of default by the consumer, AFP has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been made known to the consumer in advance. ARTICLE 14 – Complaints Procedure 1. AFP has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.2. Complaints about the execution of the agreement must be submitted to AFP within a reasonable time, in full and clearly described, after the consumer has identified the defects.3. Complaints submitted to AFP will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, AFP will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.ARTICLE 15 – Disputes1. Contracts between AFP and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.2. Disputes between the consumer and AFP about the conclusion or performance of contracts related to products and services to be delivered or delivered by AFP can be submitted by both the consumer and AFP to the Stichting Geschillencommissie (Disputes Committee), P.O. Box 90600, 2509 LP, The Hague (www.sgc.nl).3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to AFP within a reasonable period of time.4. If the dispute has not been resolved after a period of three months, the dispute will be submitted to the Disputes Committee at the request of the consumer.5. When the consumer submits a dispute to the Disputes Committee, AFP is bound by this choice. If AFP wants to submit a dispute to the Disputes Committee, it must first ask the consumer to do so in writing. AFP must make a choice within five weeks after receiving the written request from the consumer to AFP whether AFP wants to settle the dispute or submit it to the Disputes Committee. In case AFP does not make a choice within the five-week period, the consumer is entitled to submit the dispute to the Disputes Committee.6. The Disputes Committee will make decisions under the conditions as stipulated in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.7. The Disputes Committee will not handle a dispute or will discontinue the handling if AFP is granted a moratorium on payments, has been declared bankrupt, or has actually terminated its business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been made.8. If in addition to the Stichting Geschillencommissie (Disputes Committee) another recognized disputes committee or SGC can provide independent dispute resolution, the consumer can submit the dispute to this disputes committee or SGC.9. The Stichting Geschillencommissie (Disputes Committee) can process a dispute only if the consumer has submitted his complaint to AFP within a reasonable period of time. ARTICLE 16 – Trade Guarantee 1. AFP guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of reliability and/or usability, and with the statutory provisions existing on the date of the conclusion of the contract and/or government regulations. If agreed, AFP also guarantees that the product is suitable for other than normal use.2. A guarantee provided by AFP, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against AFP on the basis of the contract.3. Any defects or incorrectly delivered products must be reported to AFP in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.4. The period of the trade guarantee is 1 year. ARTICLE 17 – Additional or Deviating Provisions Additional provisions or provisions deviating 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. I hope this helps! If you have any more specific questions or need further assistance, please feel free to ask.