Terms and Conditions
Definitions
Shop for Brigadeiros: , established in Tiel under Chamber of Commerce no. 78685443
Customer: the person with whom an agreement has been entered into.
Parties: and customer together.
Consumer: A customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of
Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotation
Offers and quotations are without obligation, unless expressly stated otherwise.
An offer or quotation is valid for a maximum of 2 weeks, unless a different acceptance period is stated in the offer or quotation
If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed this in writing.
Acceptance
All prices used are in euros and exclusive of shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
Since 1 October 2020, the small business scheme (KOR) has been used, which means that all prices are exempt from VAT.
All prices charged for its products or services, on its website or otherwise made, may change at any time.
Increases in the cost prices of products or parts thereof, which could not have been foreseen at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to above, unless the increase is the result of a statutory regulation.
Samples/models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of not paying on time
If the customer does not pay within the agreed term, then is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
If the customer is in default, he also owes extrajudicial collection costs and any compensation to .
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, he may suspend his obligations until the customer has fulfilled his payment obligations.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims against the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement, he is still obliged to pay the agreed price.
Right of advertising
As soon as the customer is in default, he is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer,
Shop for Brigadeiros invokes the right of advertising by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of advertising. The customer must immediately return the products to which this right relates, unless the parties agree otherwise.
The costs for the return or return of the products will be borne by the customer.
Right of withdrawal
A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
The product has not been used
Which is a product that can spoil quickly, such as food or flowers
It is not a product that is tailor-made or modified especially for the consumer
It is not a product that cannot be returned for hygienic reasons
The seal is still intact if it concerns data carriers with digital content
The product is not a travel, transport ticket, catering assignment or form of leisure activity
The product is not a loose magazine or newspaper
Which concerns (order for) emergency repairs
The consumer has not waived his right of withdrawal.
The reflection period of 14 days starts:
On the day after the consumer has received the last product or part of 1 order
As soon as the consumer has received the first with a subscription
As soon as the consumer has purchased a service for the first time
As soon as the consumer has confirmed that he will purchase digital content via the internet.
The consumer can make his appeal to the right of withdrawal known via info@shopforbrigadeiros.nl .
The consumer is obliged to return the product within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
The costs for return are only borne by if the entire order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, these costs will be refunded to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product. returned in a timely manner.
In view of the perishability of the chocolate products and the applicable hygiene regulations, the customer cannot invoke the right of withdrawal and chocolate products cannot be returned.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
Shop for Brigadeiros can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to Shop for Brigadeiros, unless the customer has provided sufficient security for those costs.
The right of retention also applies under previous agreements from which the customer still owes payments to .
Shop for Brigadeiros is never liable for any damage that the customer may suffer as a result of using his right of retention.
Settlement
Unless the customer is a consumer, the customer waives his right to set off a debt against a claim against .
Retention of title
Shop for Brigadeiros remains the owner of all delivered goods until the customer has fully complied with all his payment obligations towards Shop for Brigadeiros under any agreement concluded with Shop for Brigadeiros, including claims for failure to perform.
Until then, he can invoke his retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If he invokes his retention of title, the agreement shall be deemed to have been summoned and shall be entitled to claim compensation, lost profit and interest.
Delivery
Delivery takes place while stocks last
Delivery takes place at , unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or are not paid on time, it has the right to suspend its obligations until the agreed part has been paid as yet.
In the event of late payment, there is a default of creditors, with the result that the customer cannot object to a late delivery.
Delivery time
The delivery times stated are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
The delivery time commences after the quotation, signed for approval by the customer, has been confirmed to the customer in writing or electronically.
Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless the parties cannot deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.
Actual Delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transportation costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
If the packaging of a delivered product is opened or damaged, the customer must before receiving the product. To have a note drawn up by the forwarder or delivery person, failing which no liability can be held for any damage.
If the customer takes care of the transport of a product himself, he must report any visible damage to the products or the packaging prior to the transport, failing which he cannot be held liable for any damage.
Storage
If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of early or late purchase of products are fully borne by the customer
Guarantee
The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
The guarantees do not apply in the case of normal wear and tear and damage caused by accidents, changes made, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Disclaimer
The customer indemnifies against all claims from third parties related to the products and/or services supplied.
Complaints
The customer must examine a product or service provided as soon as possible for any shortcomings
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform the customer of this as soon as possible, but in any case within 1 week after the discovery of the shortcomings.
Consumers must inform them of this within 1 week after the discovery of the shortcomings.
The customer provides as detailed a description as possible of the shortcoming so that it is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to the obligation to perform other work than has been agreed.
Notice of default
The customer must notify any notice of default in writing to
It is the responsibility of the customer that a notice of default is actually reached (on time).
Main liability customer
If an agreement is entered into with multiple customers, each of them is primarily liable for the full amounts owed to them under that agreement.
Liability Shop for Brigadeiros
Shop for Brigadeiros is solely liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
If it is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
Shop for Brigadeiros is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
If liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability pertains.
All images, color photos, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiration period
Any right of the customer to compensation expires in eleven cases 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
The customer has the right to dissolve the agreement if attributable shortcomings in the fulfillment of its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
If the fulfillment of the obligation is not permanently or temporarily impossible, dissolution can only take place after default.
Shop for Brigadeiros has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Shop for Brigadeiros has become aware of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations.
Force of the majority
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure to fulfill any obligation with regard to the customer cannot be attributed to a situation that is independent of the will, as a result of which the fulfillment of its obligations with regard to of the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected.
The above force majeure situation also includes – but is not limited to: state of emergency; non-performance and force majeure by suppliers, deliverers or other third parties, unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which one or more obligations to the customer cannot be met; then those obligations are suspended until they can be met again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Shop for Brigadeiros does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the agreement
If after the conclusion of the agreement it appears necessary for its implementation to change or supplement the content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Change of terms and conditions
Shop for Brigadeiros is entitled to change or supplement these general terms and conditions.
Minor changes can be made at any time.
Major substantive changes will be discussed with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of .
This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is void or annullable will be replaced by a provision that comes closest to what had in mind when drafting the conditions on that point.
Applicable law and competent court
Only Dutch law applies to every agreement between the parties
The Dutch law in the district where Shop for Brigadeiros is located / has its practice / office is exclusively competent to take cognizance of any disputes between parties, unless the law prescribes otherwise.
Prepared on August 01, 2020