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Terms and Conditions Kleinstesoepfabriek

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Withdrawal
Article 7 – The price
Article 8 – Conformity and guarantee
Article 9- Delivery and execution
Article 10 – Payment
Article 11 – Complaints procedure
Article 12 – Disputes
Article 13 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Continuing performance contract: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him, in a manner that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
  7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  8. Distance contract: an agreement whereby, within the framework of 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 techniques for distance communication;
  9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
  10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Kleinstesoepfabriek;
Kapteynlaan 1
9351 VG Leek

Phone number: 0594514797
Email address: [email protected]
Chamber of Commerce number: 02088555
VAT identification number:

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
  2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
  3. 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 may be made available to the consumer electronically in such a way that the consumer can easily store it 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 to the consumer electronically or in another way free of charge at the consumer’s request.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer may, in the case of conflicting general terms and conditions, always invoke the applicable provision that is most favourable to him.
  5. If at any time one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
  6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
  7. Ambiguities regarding the explanation or content of one or more provisions of our terms should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

  1. All edible products from the entrepreneur have a limited shelf life.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images of products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
  6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
    • the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the communication medium used;
    • whether the agreement will be archived after conclusion, and if so, how the consumer can access it;
    • the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
    • any other languages, in addition to Dutch, in which the agreement can be concluded;
    • the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a continuing performance transaction.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
  2. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
  3. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    • The contact details where the consumer can go to the entrepreneur 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 warranties and existing after-sales service;
  4. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Withdrawal

No right of withdrawal and return

  1. The consumer is not entitled to the right of withdrawal as referred to in Article 6:230o of the Dutch Civil Code because it concerns the delivery of Products with a limited shelf life. Pursuant to Article 6:230p of the Dutch Civil Code, this right is excluded.
  2. Nor on grounds other than those referred to in the previous paragraph does the entrepreneur take back products. Without prejudice to the provisions in these general terms and conditions regarding the pausing of orders and the resulting cancellation of one or more orders, every order is binding and the products cannot be returned by the consumer, not even in the event that the products are still in good condition.

Article 7 – The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may 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 prices mentioned are indicative prices are stated with the offer. 
  3. The prices mentioned in the offer of products or services are inclusive of VAT.
  4. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price. 

Article 8 – Conformity and warranty

  1. The entrepreneur guarantees 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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within two weeks of discovery.
  3. The warranty does not apply if:
    • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or handled in accordance with the packaging;
    • the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 9 – Delivery and execution

  1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery shall be the address that the consumer has made known to the company.
  3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation. 
  4. 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.
  5. In case of dissolution pursuant to paragraph 3 of this article, the entrepreneur shall refund the amount the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. The consumer will have the choice to accept the replacement item or to receive a refund.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise. 

Article 10 – Payment

  1. 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 case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
  2. The consumer has the obligation to promptly notify the entrepreneur of any inaccuracies in the payment details provided or stated.
  3. In the event of non-payment 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 11 – Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 weeks after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its ruling is binding and both entrepreneur and consumer agree to 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 submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 12 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer is residing abroad.
  2. The Vienna Sales Convention does not apply.

Article 13 – 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 data carrier.