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General Terms and Conditions

General Terms and Conditions

General Terms and Conditions CuliConcepts B.V. - Consumer webshop

 

Index:

Article   1 - Definitions

Article   2 - Identity of the trader

Article   3 - Applicability

Article   4 - The offer

Article   5 - The agreement

Article   6 - Right of withdrawal

Article   7 - Customers’ obligations in case of withdrawal 

Article   8 - Customers who exercise their right of withdrawal and the costs involved

Article   9 - Traders’ obligations in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guarantee

Article 13 - Delivery and implementation

Article 14 - Payment

Article 15 - Complaints procedure

Article 16 - Disputes

Annex   I - Model withdrawal form

 

Article 1 - Definitions

In these conditions, the following definitions apply:

  1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
  2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
  3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
  4. Day: calendar day;
  5. Digital content: data that are produced and supplied in digital form;
  6. Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
  7. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
  8. Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
  9. Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
  10. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
  11. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract.


Article 2 - Identity of the trader

CuliConcepts B.V., trading under the names CuliConcepts, WowFoods and Saus.Guru, henceforth known as “CuliConcepts”;

Engelenburgstraat 35A, 7391AM Twello;

Telephone number: +31 571 27 68 41

Email address: [email protected]

CoC number: 82431132

VAT number: NL862468334B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by CuliConcepts and to every distance contract that has been realized between CuliConcepts and a consumer.
  2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
  4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.


Article 4 - The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
  3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.


Article 5 - The contract

  1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the consumer has accepted the offer electronically, CuliConcepts will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by CuliConcepts.
  3. If the contract is concluded electronically, CuliConcepts will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, CuliConcepts will take suitable security measures.
  4. CuliConcepts may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives CuliConcepts proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
  5. CuliConcepts will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
    a.  the office address of CuliConcepts’ business location where the consumer can lodge complaints;
    b.  the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
    c.  information on guarantees and existing after-sales service;
    d.  the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
    e. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
    f. if the consumer has a right of withdrawal, the model form for right of withdrawal.
  6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.


Article 6 - Right of withdrawal

  1.   When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. CuliConcepts is allowed to ask a consumer for the reason for this dissolution, but the consumer is under no obligation to state his/her reason(s).
  2.   The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
    a. 
    if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. CuliConcepts may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
    b.  if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
    c.  with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.


Article 7 - Consumers’ obligations during the withdrawal period

  1. During the withdrawal period, the consumer shall treat the product and its packaging with care.
  2. To make use of the right of withdrawal, the product must be unopened. The seal, in whatever form, must not be broken.
  3. The consumer is not liable for the product’s devaluation if CuliConcepts did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.


Article 8 - Consumers who exercise their right of withdrawal and the costs involved

  1. A consumer who wants to exercise his right of withdrawal shall report this to CuliConcepts, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
  2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) CuliConcepts. This is not necessary if CuliConcepts has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
  3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by CuliConcepts.
  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
  5. The consumer bears the direct costs of returning the product. If CuliConcepts indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
  6. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.


Article 9 - Traders’ obligations in a case of withdrawal

  1. If CuliConcepts makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
  2. CuliConcepts reimburses the consumer immediately with all payments, including any delivery costs CuliConcepts charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which CuliConcepts has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
  3. For any reimbursement, CuliConcepts will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
  4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, CuliConcepts does not have to refund the additional costs of the more expensive method.


Article 10 - Precluding the right of withdrawal

CuliConcepts can preclude the right of withdrawal for the following products and services, but only if CuliConcepts stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

  1. Products or services whose prices are subject to fluctuations on the financial market over which CuliConcepts has no influence and which can occur within the period of withdrawal;
  2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full completion of the service, but only if:
    a.   implementation started with the explicit prior agreement of the consumer; and
    b.   the consumer declared having lost his right or withdrawal as soon as CuliConcepts had completed the contract in full;
  4. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
  5. Products subject to rapid decay or with a limited shelf-life;
  6. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
  7. Products that, due to their nature, have been irretrievably mixed with other products;
  8. Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which CuliConcepts has no influence.


Article 11 - The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
  2. Contrary to the previous paragraph, CuliConcepts may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which CuliConcepts has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
  4. Price increases more than 3 months after the contract was concluded are only permitted if CuliConcepts stipulated as much and:
    a. they are the result of statutory regulations or stipulations; or
    b.the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  5. Prices stated in offers of products or services within our consumer website/webshop include VAT. Those in the business-to-business portal are exclusive of VAT.


Article 12 - Contract fulfilment and extra guarantee 

  1. CuliConcepts guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed CuliConcepts also guarantees that the product is suited for other than normal designation.
  2. An extra guarantee arrangement offered by CuliConcepts, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against CuliConcepts on the grounds of the contract if CuliConcepts failed to fulfil his part in the contract.
  3. An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.


Article 13 - Supply and implementation

  1. CuliConcepts will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is deemed to be the address that the consumer makes known to the company.
  3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
  4. Following dissolution in accordance with the previous paragraph, CuliConcepts refunds the consumer immediately the sum he had paid.
  5. The risk of damage and/or loss of products rests upon CuliConcepts up to the moment of delivery to the consumer or a representative previously designated by the consumer and announced to CuliConcepts, unless this has explicitly been agreed otherwise.


Article 14 - Payment

  1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer receives confirmation of the contract.
  2. The consumer is obliged to report immediately to CuliConcepts any inaccuracies in payment data provided or stated.
  3. If a consumer fails to fulfil his payment obligation(s) in good time, after CuliConcepts has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and CuliConcepts has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. CuliConcepts can make departures from these sums and percentages that are favorable to the consumer.


Article 15 - Complaints procedure

  1. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to CuliConcepts without delay, in full and with clear descriptions.
  2. A reply to complaints submitted to CuliConcepts will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then CuliConcepts will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
  3. The consumer should give CuliConcepts a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.
  4. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and if the complaints can not be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a running membership via https://www.webwinkelkeur.nl/ledenlijst/ (this only applies for Dutch and/or Belgian customers). If there is not a solution found by then, the consumer has the opportunity to have his complaint dealt with by the arbitration committee appointed by Stichting WebwinkelKeur, the decision of this is binding and both entrepreneur and consumer must agree with this binding decision. There are costs associated with submitting a dispute to the arbitration committee that must be paid by the consumer to the relevant committee. It is also possible to file complaints via the European ODR platform.
  5. If a complaint is found to be well founded by the entrepreneur, the entrepreneur will replace the products to the consumer free of charge.


Article 16 - Disputes

  1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
  2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

 

Appendix I: Model form for right of withdrawal


Model form for right of withdrawal


(this form should only be completed and returned if you want to withdraw from the contract)


- To:
CuliConcepts B.V.
p.a. Wethouder van Haperenstraat 40, 4813 AM Breda
[email protected]

- I hereby inform you that, in respect of our contract regarding the sale of the following products: [description of the product]*
The delivery of the following digital content: [description of the digital content]* The supply of the following service: [description of the service]*


I exercise my right of withdrawal.

-Ordered on*/received on* [date of ordering services or receiving goods]
-[Consumers name]
-[Consumers address]
-[Consumers signature] (only if this form is submitted on paper)
-[Date]

 

*Delete or provide supplementary information, as applicable.

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