General terms and conditions

Table of contents:

Article 1 – Definitions

Article 2 – Business information

Article 3 – Scope of application

Article 4 – Offer

Article 5 – Agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exceptions to the right of withdrawal

Article 9 – Price

Article 10 – Meeting expectations and warranty

Article 11 – Delivery and execution

Article 12 – Duration transactions: term, termination and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Dispute resolution

Article 16 – Additional or deviating conditions

Article 1 – Definitions

In these Terms and Conditions, the following terms are defined as follows:

• Reflection period: the period during which the consumer can exercise his right of withdrawal;
• Consumer: the natural person who acts outside his or her professional or business activities and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligations of which are spread over a certain period of time;
• Durable medium: any instrument with which the consumer or entrepreneur can store information addressed personally to him, so that future consultation and unchanged reproduction of the stored information is possible.
• Right of withdrawal: the right of the consumer to cancel the distance contract within the cooling-off period;
• Model form: the form that the entrepreneur makes available to the consumer for exercising the right of withdrawal.
• Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
• Distance contract: an agreement whereby, within a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
• Distance communication technology: any means that can be used to conclude an agreement without the consumer and entrepreneur being physically together.
• General Terms and Conditions: the current General Terms and Conditions of the entrepreneur.

Article 2 – Entrepreneurial identity

Name: Kruidenland.nl

Visiting address: De Meente 5c, 8121 EV Olst

Contact telephone number: +31 6 10 20 36 30

Email address: info@kruidenland.nl

Chamber of Commerce number: 94805962

If the entrepreneur's activities fall under a relevant licensing system, the details of the supervisory authority will be provided.

If the entrepreneur exercises a regulated profession:

– the professional association or organization to which the entrepreneur is affiliated;

– the professional title and the place in the EU or the European Economic Area where it was awarded;

– a reference to the professional rules that apply in the Netherlands and information about where and how these rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not possible, it will be indicated in advance that the conditions can be viewed at the entrepreneur and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically, so that it can be easily stored on a durable data carrier. If this is not possible, it will be indicated in advance where the terms and conditions can be found electronically and that they will be sent free of charge by e-mail or in another way upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the above also applies. In the event of conflicting conditions, the consumer can rely on the provision that is most favourable to him.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement will otherwise remain in force and the provision in question will be replaced in consultation by a provision that approximates the original purport as closely as possible.

Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions must be interpreted in the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be clearly stated in the offer.

The offer is without obligation and the entrepreneur can change or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered, with sufficient details for the consumer to be able to properly assess the offer. Images with the offer are a true representation of the products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images and specifications in the offer serve as an indication and cannot be considered as a reason for compensation or termination of the agreement.

Images of products give a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains sufficient information so that the consumer clearly knows what the rights and obligations are when accepting the offer. This concerns in particular:

• The price including taxes;
• Any shipping costs;
• The manner in which the agreement is concluded and the steps required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery and execution of the agreement;
• The period for accepting the offer or the period in which the entrepreneur guarantees the price;
• The costs for distance communication if they are different from the basic rate for the means of communication used;
• Whether the agreement is archived after it has been concluded and how it can be consulted by the consumer;
• How the consumer can check the data provided by him before concluding the agreement and adjust it if necessary;
• Any other languages ​​in which the agreement may be concluded, in addition to Dutch;
• The codes of conduct to which the entrepreneur has committed himself and how the consumer can consult these codes electronically;
• The minimum duration of the agreement in long-term transactions.
• Optional: available sizes, colours and materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement shall enter into force at the time the consumer accepts the offer and meets the conditions set.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of this acceptance electronically. As long as this confirmation of receipt has not been sent, the consumer can cancel the agreement.

In the case of an electronic agreement, the entrepreneur shall provide appropriate technical and organizational security measures for the electronic transfer of data and a secure web environment. If the consumer pays electronically, the entrepreneur shall take appropriate security measures.

Within the legal limits, the entrepreneur can investigate whether the consumer can meet his payment obligations and check all relevant facts and factors for a responsible conclusion of the agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he may refuse an order or request with reasons or attach special conditions to the execution.

When delivering the product or service, the entrepreneur shall provide the following information in writing or in a manner that the consumer can store on a durable data carrier:

1. The visiting address of the entrepreneur's establishment for any complaints;
2. The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
3. Information about guarantees and existing after-sales service;
4. The data as stated in Article 4 paragraph 3 of these terms and conditions, unless these have already been provided to the consumer before the execution of the agreement;
5. The requirements for terminating the agreement if it lasts longer than one year or is of indefinite duration.

In the case of a long-term transaction, the above information provision only applies to the first delivery.

Each agreement is entered into under the condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal – Money back guarantee – Guarantee

Upon delivery of products:

When purchasing products, the consumer has the right to cancel the agreement within 14 days without giving reasons. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer.

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises his right of withdrawal, he must return the product with all delivered accessories and if possible in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions of the entrepreneur.

If the consumer wants to use his right of withdrawal, he must report this to the entrepreneur within 14 days after receiving the product, preferably using the model form. After this notification, the consumer must return the product within 14 days. The consumer must be able to prove that the product was returned on time, for example with a proof of shipment.

If the consumer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product, the purchase is final.

When providing services:

When purchasing services, the consumer has the right to cancel the contract within at least 14 days without giving any reason, starting on the day the contract was concluded.

In order to exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or delivery.

Article 6.1 – Exception for products with a limited shelf life and hygiene products

Products with a limited shelf life, such as hygiene and custom products, that you buy via Kruidenland, unfortunately cannot be returned if the seal is broken after delivery. The right of withdrawal does not apply to these products. After a successful payment, the sale is final. This is clearly stated in the offer.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the product are at his expense.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is on the condition that the entrepreneur has received the product or that the consumer can provide conclusive proof of the return shipment.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3. This is only valid if the entrepreneur clearly states this in the offer, or at least before concluding the agreement.

The right of withdrawal can be excluded for products:

1. that are custom made to consumer specifications;
2. that are clearly personal in nature;
3. which by their nature cannot be returned;
4. that can spoil or become outdated quickly;
5. the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
6. loose newspapers and magazines;
7. audio and video recordings and computer software where the seal has been broken by the consumer;
8. hygienic products where the seal has been broken by the consumer.

The right of withdrawal can be excluded for services:

1. concerning accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
2. the supply of which has commenced with the express consent of the consumer before the cooling-off period has expired;
3. concerning betting and lotteries.

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 in the event of changes in VAT rates.

By way of exception to the above, the entrepreneur may offer products or services with variable prices if these are dependent on fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that the stated prices are target prices are clearly indicated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

1. these arise from statutory regulations or provisions; or
2. the consumer has the option to cancel the agreement on the effective date of the price increase.

The prices of products or services as stated in the offer include VAT.

All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the event of printing and typing 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 as stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory regulations and/or government regulations existing on the date the agreement was concluded. 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 statutory 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 after delivery. The products must be returned in the original packaging.

The entrepreneur's warranty period is equal to the manufacturer's 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 on the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing service requests. The place of delivery will be the address provided by the consumer to the company. Unless otherwise agreed in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge, without the right to compensation. All stated delivery times are guidelines from which no rights can be derived. Exceeding a term does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid as soon as possible, but no later than 14 days after dissolution. If delivery of an ordered product is not possible, the entrepreneur will attempt to provide a replacement article. Upon delivery, it will be made clear that a replacement article will be delivered. The right of withdrawal remains valid for replacement articles. The costs of any 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 previously announced representative, unless otherwise agreed.

Article 12 – Subscriptions: duration, cancellation and renewal

Cancellation

The consumer has the right to terminate an agreement concluded for an indefinite period and relating to regular delivery of products or services (including electricity) at any time. This must be done in accordance with the agreed termination rules with a notice period of maximum one month.

A fixed-term contract relating to the regular delivery of products or services (including electricity) may be terminated by the consumer at the end of the agreed term, subject to the agreed termination rules and a notice period of up to one month.

The consumer can cancel the aforementioned agreements:

Cancel at any time, without limitation to specific times or periods.

Cancel in the same manner in which they were entered into.

Cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

A fixed-term contract relating to the regular supply of products or services (including electricity) may not be automatically extended for a new fixed period.

Except for agreements with daily, news and weekly newspapers and magazines, where tacit renewal is permitted for a maximum of three months, with the possibility for the consumer to cancel this extended agreement at the end of the extension with a notice period of maximum one month.

A fixed-term contract relating to regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of maximum one month. In the case of delivery of daily, news and weekly newspapers and magazines, where delivery takes place less than once a month, the notice period may be maximum three months.

A limited-term agreement for the introductory supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly extended and ends automatically after the trial or introductory period.

Duration

If an agreement lasts longer than one year, the consumer has the right to terminate the agreement at any time after one year with a notice period of up to one month, unless it is contrary to reasonableness and fairness to terminate before the end of the agreed term.

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 described in article 6 paragraph 1. In the case of agreements for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer must immediately report any errors in the payment details provided to the entrepreneur. If the consumer fails to pay, the entrepreneur has the right to charge reasonable costs, as communicated to the consumer in advance, unless legal restrictions prohibit this.

Article 14 – Complaints procedure

The entrepreneur has a clearly stated complaints procedure and handles complaints according to this procedure. Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly. The entrepreneur will respond within 14 days after receipt of the complaint. If more time is needed for the handling, the consumer will receive a confirmation of receipt within this period and an indication of when a more extensive response can be expected. If a complaint cannot be resolved mutually, a dispute arises that can be submitted to a disputes committee. In case of complaints, the consumer must first contact the entrepreneur. If a solution is not possible, the consumer can request free mediation from Stichting WebwinkelKeur. If a solution is still not found, the consumer can choose to submit the dispute to Stichting GeschilOnline. The decision of this committee is binding for both the entrepreneur and the consumer. The costs for submitting a dispute to this committee are for the account of the consumer. Complaints do not have a suspensive effect on the obligations of the entrepreneur, unless otherwise agreed in writing. If a complaint is found to be justified, the entrepreneur will, at his discretion, replace or repair the products free of charge.

Article 15 – Legal Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer, even if the consumer lives outside the Netherlands. The Vienna Sales Convention is not valid.

Article 16 – Additional or Deviating Provisions

Any additional or deviating conditions compared to these general terms and conditions may not disadvantage the consumer. These must be recorded in writing or in a way that the consumer can easily store on a durable medium.