The following terms govern your access to and use of the Choco & Things B.V. website, including any content and products offered via our website. By using our website, you agree to these general terms and conditions. These terms are filed by the Chamber of Commerce in Amsterdam.
We may revise and update these terms from time to time. All changes are effective immediately when we publish them. Your continued use of our website following the posting of revised terms means that you accept and agree to the changes.
Contents:
Article 1 – Definitions
Article 2 – The Entrepreneur’s identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Cancellation
Article 7 – Exclusion right of withdrawal
Article 8 – Prices
Article 9 – Conformity and extra guarantee
Article 10 – Delivery and execution
Article 11 – Payment
Article 12 – Force majeure
Article 13 – Liability
Article 14 – Complaints
Article 15 – Intellectual and industrial property rights
Article 16 – Disputes
Article 1 – Definitions
In the absence of explicit statement to the contrary, the terms used in these general terms and conditions are defined as follows:
- Consideration time: the period within which the consumer can execute the right of withdrawal;
- Consumer: any natural person who is acting primarily for purposes which are not related to his or her trading, business or profession;
- Digital Content: data which are produced and supplied digitally;
- Duration agreement: an agreement wherein regular delivery of products, digital content or services is agreed upon during a certain period of time;
- Durable data carrier: any instrument – including e-mail – which enables the consumer, or the entrepreneur, to store information addressed personally to him or her in a way that is accessible for future references, over a period of time, adequate to the purpose of the information and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the possibility for a consumer to terminate the distance agreement within the time of consideration;
- Entrepreneur: a natural person or corporation who offers (access to) distance products, digital content and/or services to consumers;
- Distance agreement: an agreement between a consumer and an entrepreneur based on a corporate organized system of distance sales of products, digital content and services, which includes one or more techniques for communication on distance. This applies to all agreements from the start until the agreement has been closed;
- Technique for distance communication: an instrument that can be used to close an agreement without the gathering of the consumer and the entrepreneur together in the same place and at the same time.
Article 2 – The Entrepreneur’s identity
Choco & Things B.V.
Maassluisstraat 2
1062 GD Amsterdam
the Netherlands
E-mailadres: hello@chocoandthings.com
Website: www.chocoandthings.com
KvK-nummer: 71576576
BTW-nummer: NL858769293B01
Article 3 – Applicability
- These general terms and conditions are applicable on any offer by entrepreneur and on every finalized distance agreement and orders between the entrepreneur and the consumer.
- The text of the general terms and conditions will be made available for the consumer before closing a distance agreement.
- If one or more provisions of these terms are wholly or partially invalid or terminated, at any time, the rest of the agreement and conditions will remain valid. The relevant provisions will be replaced immediately, by mutual agreement, with provisions within the scope of the original provisions as much as possible.
Article 4 – The offer
- If an offer has a limited validity or has other terms, this will be emphasized in the offer.
- The offer is non-committal. The entrepreneur is entitled to revise and adapt the offer.
- The offer contains a complete and sufficient description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offered products and services. Obvious mistakes and errors do not bind the entrepreneur.
- Images used by the entrepreneur are representations of the provided products and services. The entrepreneur cannot guarantee that the display colors correspond exactly to the real color of the products.
Article 5 – The agreement
- The agreement is established, under the conditions mentioned in paragraph 4, at the time the consumer accepts the offer and meets the offered conditions.
- If the consumer has accepted the offer electronically, he or she will receive a confirmation of delivery of the offer via the same means.
- The entrepreneur will hold the necessary precautions, if the consumer can pay electronically.
- The entrepreneur can notify or check, within the legal framework, whether or not the consumer is able to meet the payment obligations. Furthermore, the entrepreneur is able to check all relevant facts and factors, which are needed to finalize a distance agreement. If the entrepreneur has good reasons, based on the research, to not to form an agreement, he is entitled to motivate and to refuse an order or request or he can form the order or request under special conditions.
- The entrepreneur will deliver the following information at the latest by the time the product will be delivered. This information will be send in written or per email and will also be available via the website:
- The conditions and the manners of how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal;
- The information about hallmark;
- The price of the product including all taxes; where applicable, the possible costs of delivery; the method of payment, delivery and performance of the distance contract. The handling and customs charges are not included in the quotation for orders from abroad. The consumer takes these costs for his own account.
Article 6 – Cancellation
- The consumer is able to dissolve an agreement within 14 days without any reasons mentioned during the first 14 days, before the product has been delivered. The entrepreneur is entitled to ask the consumer for his/her reason to dissolve the agreement.
- The consideration period described in article 6(1) will start on the day after the consumer has placed an order on the website via the actual manner.
- The risk and the burden to proof the correct and timely dissolution rely on the consumer. It is not possible to dissolve the agreement after a product has been delivered.
- If the consumer dissolves the agreement, all additional agreements will be automatically dissolved.
- If the consumer announces the dissolution of an agreement via electronic means, the entrepreneur will send a receipt of acknowledgement after receiving the announcement of dissolution.
- The entrepreneur shall reimburse all payments to the consumer immediately or within 14 days after the day whereupon the consumer notifies him of the dissolution.
- The entrepreneur uses the same method of payment, which the consumer used, for reimbursement, unless the consumer agrees to a different method of payment.
Article 7 – Exclusion right of withdrawal
The following products are excluded from the right of withdrawal:
- Products of which the price is bound to fluctuation on the financial market which the entrepreneur has no influence on and which may occur within the withdrawal period;
- Specific manufactured products, which are not prefabricated and which are manufactured by the entrepreneur according to individual wishes of the consumer, or which are clearly intended for a specific person;
- Products that can spoil or age within a limited time frame;
- Sealed or packaged products which, for reasons of health protection or hygiene are not suitable to be returned and are unsealed after delivery or the packaging was opened;
- Products that, after delivery, are irrevocably mixed with other products, due to the product’s nature.
Article 8 – Prices
- The prices of the offered products will not increase during the validity period, mentioned in the offer, unless there is a change in the VAT rates, which could lead to price changes.
- Unlike the previous paragraph, the entrepreneur is able to offer products, whose prices are subject to fluctuations of the financial market on which the entrepreneur has no influence, with variable prices.
- If, after the entrepreneur and the consumer have agreed upon a contract, one or more cost price factors are affected by a price increase, the entrepreneur is entitled to unilaterally increase the agreed upon price according to the cost price increase.
- The prices in the range of products are expressed in euros, including VAT. The sales tax, the transport and the handling costs are not included in the price, unless stated otherwise.
Article 9 – Conformity and extra guarantee
- The entrepreneur ensures that the products and services measures up to the agreement, the in the offer mentioned specifications, the reasonable requirements and usefulness and the entrepreneur ensures that the products meet the standards of existing legal provisions and/or government regulations on the date when the agreement has been established.
- A guarantee provided by the entrepreneur, manufacturer or importer does not alter the rights and claims, on which the consumer is entitled to, based on the agreement, when the entrepreneur does not meet his obligations.
- Additional guarantee means that any agreement by the entrepreneur, its supplier, importer or producer, which adds certain rights or claims to the consumer his legally entitled rights and claims, in case he or she fails to fulfill his part of the agreement.
Article 10 – Delivery and execution
- The entrepreneur will observe the reception of the products and the execution of the pre-ordered products with utmost care.
- The address that has been provided by the consumer to the entrepreneur is considered to be the place of delivery.
- The entrepreneur shall execute the accepted orders with a convenient speed, but not later than within 30 days, unless a longer period has been agreed upon or the products are out of stock.
- In the event of termination in accordance with the previous paragraph, the entrepreneur shall pay back the amount that the consumer has paid, immediately after the termination.
- The risk of damage and/or loss of products rests on the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made know to the entrepreneur, unless agreed upon otherwise explicitly.
- An agreed delivery date is not a deadline, unless explicitly agreed upon. The agreed delivery time is an indication of the moment of delivery. The applicability of article 7:46 f BW is explicitly excluded.
Article 11 – Payment
- All amounts due must be payed within 14 days after the agreement has been closed, unless agreed otherwise in written. When a pre-payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order before the stipulated payment has been made.
- The consumer has the duty to notify the entrepreneur immediately about inaccuracies in the payment details.
- If the consumer fails to meet his payment obligations, he or she is obliged to fulfill the extrajudicial collection costs, which the entrepreneur is lawfully permitted to charge. However, the entrepreneur will remind the consumer and extend the payment term with 14 days before these extrajudicial collection costs will incur. The extrajudicial collection costs will have a maximum of 15% over the first outstanding amount up to €2,500; 10% over the following €2,500 and 5% over the next €5,000, with a minimum of €40.
Article 12 – Force majeure
- The entrepreneur cannot be held responsible for commitments which he is not able to fulfill due to force majeure which are not within his power, nor can he be held responsible for circumstances which the law, a legal act or generally accepted practices will not hold him responsible for.
- The definition of force majeure used in the general terms and conditions is besides the law, a legal act or generally accepted practices, all of extraneous circumstances, foreseen or not foreseen, which cannot be prevailed by the entrepreneur, but whereby the entrepreneur is not capable of fulfilling his obligations. Including, strikes within the corporate or third parties.
- As far as the entrepreneur in commence of the force majeure has partially fulfilled or will fulfill his obligations in the agreement, the entrepreneur has the right to separately charge for that part what is yet accomplished or respectively will be accomplished.
Article 13 – Liability
- The liability of the entrepreneur is limited to what is mentioned in this regulation.
- The entrepreneur cannot be held liable for damages of any kind, arisen by false information and/or incomplete information that is provided by the consumer.
- The liability of the entrepreneur is limited to a maximum of the single value of the invoice of the order, at least to that part of the order on which the liability is related to, if there should be any damages of any kind.
- The liability of the entrepreneur is in any event always limited to the amount of payment by his insurer in occurring case.
- The entrepreneur is exclusively liable for direct damage. Within the definition of direct damage is exclusively the reasonable costs to determine the cause of and the extent of the damage, as far as the determination is connected to the damage in meanings of these terms, any reasonable costs created to answer the deficient act of the entrepreneur, for which these can be allocated to the entrepreneur and reasonable costs made to prevent or limit the damage, to the extent that the consumer can prove that these costs lead to limitation of the direct damage as mentioned in these legal terms and conditions.
- The entrepreneur is nevermore liable for indirect damage, among them consequential damage, lost profits, lost savings and damages of similar nature.
- The entrepreneur cannot be held liable for allergic reactions or similar medical complaints that arise after using the products. The consumer needs to be certain that ingredients of the products do not endanger their health. The website and the wrapping of the (edible) products provide information about the ingredients.
Article 14 – Complaints
- Complaints about the execution of the agreement must be described fully and clearly on paper or e-mail, within reasonable time, submitted to the entrepreneur after the consumer has observed the defects.
- The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receiving. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
- The consumer should allow the entrepreneur at least 4 weeks of a time period to resolve the complaint by mutual consultation.
Article 15 – Intellectual and industrial property rights
- All intellectual and industrial property rights that rest on or are related to proceedings which are connected to the execution of the agreement, delivered products and established work, belong to the entrepreneur.
- Consumer will not make changes to the wrapping of the products or any ordered or not ordered materials.
- The entrepreneur will not analyse the products for chemical structure, perform an analyse or allow such analyses of products by third parties without permission by the entrepreneur.
Article 16 – Disputes
- All disputes that arise between parties in connection with, or in response to a mutual agreement on which these general terms and conditions are applicable to, will only be sentenced by a qualified judge in Amsterdam.
- On the agreement between the entrepreneur and consumer on which these general terms and conditions apply to, is exclusively the Dutch law applicable.