Terms & conditions

ADA bakes · adabakes.nl

Terms and conditions based on the model terms of Stichting WebwinkelKeur.

Contents

• Article 1 – Definitions
• Article 2 – Identity of the entrepreneur
• Article 3 – Applicability
• Article 4 – The offer
• Article 5 – The agreement
• Article 6 – Right of withdrawal
• Article 7 – Costs in case of withdrawal
• Article 8 – Exclusion of the right of withdrawal
• Article 9 – The price
• Article 10 – Conformity and warranty
• Article 11 – Delivery and execution
• Article 12 – Ongoing transactions
• Article 13 – Payment
• Article 14 – Complaints procedure
• Article 15 – Disputes
• Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information;
5. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
6. Entrepreneur: the natural or legal person who offers products to consumers at a distance;
7. Distance contract: a contract concluded within the framework of a system for distance selling of products and/or services organised by the entrepreneur, where up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication;
8. Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur having been in the same room at the same time.

Article 2 – Identity of the entrepreneur

ADA bakes (trade name) / Notenplaza (KVK registration)

Eduard van Beinumstraat 41, 1311 LM Almere

Netherlands

Email: info@adabakes.nl

KVK (Chamber of Commerce): 96007168

VAT: NL005182982B50

Article 3 – Applicability

9. These terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
10. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer.
11. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be viewed at the entrepreneur's and that they will be sent free of charge as soon as possible at the consumer's request.

Article 4 – The offer

12. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to properly assess the offer.
13. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
14. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
15. The offer contains at least:

• The price including taxes
• Any shipping costs
• The method of payment, delivery and execution
• Whether or not the right of withdrawal applies
• The period of validity of the offer

Article 5 – The agreement

16. The contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
17. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay.
18. The entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a secure web environment.

Article 6 – Right of withdrawal

19. When purchasing products, the consumer has the option to dissolve the contract without giving reasons during 14 days. This cooling-off period starts on the day after the consumer receives the product.
20. 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 determine the nature, characteristics and functioning of the product.
21. For food products the right of withdrawal only applies if the seal has not been broken.

Article 7 – Costs in case of withdrawal

22. If the consumer exercises his right of withdrawal, at most the costs of returning the product are for his account.
23. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal.

Article 8 – Exclusion of the right of withdrawal

The right of withdrawal is excluded for:

24. Products that can spoil or age quickly
25. Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery
26. Products that, after opening, have irrevocably been mixed with other products due to their nature

Article 9 – The price

27. The prices of the products offered include VAT.
28. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
29. All prices are subject to price changes.

Article 10 – Conformity and warranty

30. The entrepreneur warrants that the products comply with the contract, 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 the contract was concluded.
31. The entrepreneur guarantees that all products are fresh and comply with the applicable food safety regulations.

Article 11 – Delivery and execution

32. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
33. The place of delivery is the address that the consumer has made known to the company.
34. The entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed.
35. Delivery takes place exclusively within the Netherlands.

Article 12 – Ongoing transactions

36. The consumer may terminate a contract entered into for an indefinite period at any time, observing a notice period of at most one month.

Article 13 – Payment

37. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period.
38. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

Article 14 – Complaints procedure

39. Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
40. Complaints submitted to the entrepreneur are answered within 14 days calculated from the date of receipt.
41. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her choice, either replace the delivered products free of charge or refund the purchase amount.

Article 15 – Disputes

42. Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these terms and conditions relate.
43. Disputes between the consumer and the entrepreneur about the conclusion or execution of contracts may be submitted by both the consumer and the entrepreneur to the competent court.

Article 16 – Additional or deviating provisions

44. Provisions that supplement or deviate from these terms and conditions may not be to the consumer's disadvantage and must be recorded in writing.
45. The entrepreneur reserves the right to change or supplement these terms and conditions.