GENERAL TERM AND CONDITIONS STROOPWAFEL WORLD
Article 1 - Applicability and definitions
Article 2 - Offers and Agreement
Article 3 - Right of Withdrawal
Article 4 - Perishable Products
Article 5 - Complaints
Article 6 - Delivery
Article 7 - Privacy en IP-license
Article 8 - Payment
Article 9 - Force majeure
Article 10 - Liability
Article 11 - Governing law and disputes
Article 1 Applicability and definitions
1.1 These general terms and conditions (hereinafter: “general conditions”) apply to all offers and quotations of Stroopwafel World, to all Agreements concluded between Stroopwafel World and the Consumer, and to any reorder or partial order placed as an result of the Agreement.
1.2 The applicability of any general conditions of the Consumer is hereby expressly rejected. Deviations from and/or additions to the general conditions of Stroopwafel World will only be binding if and to the extent expressly confirmed in writing by Stroopwafel World, and relate only to (the part of) the Agreement in respect of which such acceptance has taken place.
1.3 If at any time one or more provisions of these general conditions become void or voidable, whether in part or in full, the rest of these general conditions remain in force. In this event, Stroopwafel World and the Consumer will agree on the replacement of the void or voidable provisions by new provisions, while retaining the purpose and scope of the original provisions as much as possible.
1.4 If Stroopwafel World does not insist on the strict observance of these general conditions at all times, this does not mean that the provisions concerned have become inapplicable or that, in other cases, Stroopwafel World has in any way relinquished the right to insist on the strict observance of the provisions of these general conditions.
1.5 The Dutch version of these general conditions prevails at all times in case of disputes with regard to the interpretation and purpose of these general conditions.
1.6 In these general conditions the following definitions have the following meaning:
Article 2 Offers and Agreement
2.1 All offers and quotations (together: “offers”) of Stroopwafel World are without obligation, unless an acceptance period has been stipulated in the offer. This means that Stroopwafel World has the right to change the conditions of the offer. The Consumer can therefore not derive any rights from the offer. If the offered products or services are no longer available, the offer will be canceled.
2.2 Stroopwafel World cannot be held to its offer, if that offer or a part of it, contains an obvious mistake or clerical error.
2.3 Previously submitted offers do not automatically apply to future orders.
2.4 A compound offer or quotation shall not create any obligation for Stroopwafel World to deliver part of the order against a corresponding part of the price quoted for the entire order.
2.5 Subject to the provisions in paragraph 2.1 t/m 2.4 of these general conditions, the Agreement becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2.6 If the Consumer accepted the offer via electronic means, Stroopwafel World shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the Agreement.
2.7 If the Agreement is concluded electronically, Stroopwafel World will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, Stroopwafel World shall observe appropriate security measures.
2.8 Stroopwafel World may, within the limits of the law, gather information about Consumer’s ability to fulfill his/her payment obligations, and all facts and factors relevant to responsibly concluding the Agreement (distance contract). If, acting on the results of this investigation, Stroopwafel World has sound reasons for not concluding the Agreement; he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the execution.
Article 3 Right of Withdrawal
3.1 When purchasing non-perishable or non-personalized products in the web shop, the Consumer has the right to dissolve the Agreement, without giving reasons, during a period of 14 days of its delivery. The Consumer must return the product upon return or hand it over to (a representative of) Stroopwafel World. The withdrawal period commences on the day after the Consumer acquires, or a third party indicated by the Consumer acquires, physical possession of the product(s).
3.2 The Right of Withdrawal is expressly not applicable to Perishable Products that are sold via the web shop of Stroopwafel World, such as syrup waffles (“Stroopwafels”) and other products that have a(n) (limited) expiry date. The Right of Withdrawal is also excluded for personalized products, such as cans with a personalized logo, and for all products or Agreements as referred to in Article 6:230p of the Dutch Civil Code. In that case, the sale is final after successful payment.
3.3 During the 14-day Reflection Period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop. If the Consumer exercises the Right of Withdrawal, he/she shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by Stroopwafel World.
3.4 If the Consumer exercises his/her Right of Withdrawal he/she shall notify Stroopwafel World unambiguously with an unequivocal statement of withdrawal or with the Standard Form for Withdrawal (Appendix 1) within the 14-day Reflection Period. The Consumer shall then return the product(s) or deliver it to (the authorized representative of) Stroopwafel World as soon as possible but within 14 days counting from the day following the notification referred to in this paragraph. The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal fall on the Consumer.
3.5 The Consumer shall bear the direct costs of returning the product(s).
3.6 The Right to Withdrawal on any basis whatsoever shall lapse if the notification of the Consumer to Stroopwafel World is not reported in writing within the terms set forth in this Article or if the product has not been timely returned to Stroopwafel World. The risk and the burden of proof for the correct and timely exercise of the right of return as referred to in this Article fall, at any time, on the Consumer.
Article 4 Perishable Products
4.1 Stroopwafel World sells both Perishable Products and non-perishable products. Perishable Products can have a best-before date or expiry date. Stroopwafel World is not obliged to indicate the best-before date or expiry date on every Perishable Product.
4.2 Stroopwafel World advises to consume the Perishable Products that contain no best-before date of expiry date, as soon as possible after receipt, but in any case within 4 weeks after receipt of the Perishable Products. Stroopwafel World cannot guarantee the quality and taste of the Perishable Product after the expiry of the aforementioned term.
4.3 Perishable Products on which a best-before date or expiry date is stated must be consumed before that date. Stroopwafel World cannot guarantee the quality and taste of the Perishable Product after the expiry of the best-before date or expiry date.
Article 5 Complaints
5.1 The non-perishable products to be delivered by Stroopwafel World meet the usual requirements and standards that may reasonably be expected and for which they are intended for normal use in Europe.
5.2 The Consumer is bound to investigate or to have investigated the delivered product(s) immediately at the time the product(s) are made available to him/her. In doing so the Consumer should ascertain whether the quality and/or quantity of the delivered product(s) comply with the Agreement(s) and comply with the requirements agreed by the Parties in that respect. Any visible defects should be reported in writing to Stroopwafel World within 14 days of delivery. The Consumer shall give Stroopwafel World the opportunity to investigate a complaint or have this done by others.
5.3 Perishable Products have a limited shelf life and are of the best quality when consumed as fresh as possible. Does a product not meet your expectations? Feel free to contact Stroopwafel World via firstname.lastname@example.org.
5.4 If it is determined that the delivered product(s) is/are deficient, and the complaint was timely filed, Stroopwafel World will repair or replace the deficient product(s) within reasonable time after receiving a written notification of the defect by the Consumer. In case of replacement, the Consumer is obliged to return the deficient product(s).
5.5 Filing a complaint shall never suspend the purchase or payment obligation of the Consumer.
5.6 In case the Consumer fails to submit a complaint in accordance with the period as mentioned in this article, any right of the Consumer to claim recovery, replacement or any other compensation lapse.
5.7 Unless these general conditions provide otherwise, any and all legal claims of the Consumer against Stroopwafel World in connection with the performance under the Agreement by it, regardless of their nature, shall expire at any rate by expiry of one year after fulfillment of the Agreement.
Article 6 Delivery
6.1 The place of delivery is at the address given by the Consumer to Stroopwafel World.
6.2 Stroopwafel World will solely dispatch the product(s) to the Consumer after the entire purchase price (including shipping costs and other costs) has been paid by the Consumer and has been received by Stroopwafel World. Stroopwafel World pursues to dispatch the product(s) to the Consumer within 3-7 working days from receipt of payment, but within 30 days from receipt of payment at the latest. The dates of delivery indicated by Stroopwafel World is an estimate and can never be considered as binding deadlines (“fatale termijnen”). Any deviation from these dates by Stroopwafel World does not give the Consumer any entitlement to claim damages, to cancel or to terminate the Agreement, unless expressly agreed otherwise. If an order cannot or only partially be executed, the Consumer will receive notification of Stroopwafel World no later than 30 days after placing the order.
6.3 Stroopwafel World has the right to cancel an order due to the fact that products are unavailable or for other reasons. The order will be (partially or fully) canceled by Stroopwafel World and the payment will be refunded to the Consumer.
6.4 The risk of loss and/or damage to products will be borne by Stroopwafel World until the time of delivery to the Consumer, or a representative appointed in advance and made known by the Consumer, unless explicitly agreed otherwise.
6.5 The Consumer is obliged to promptly accept the product(s) once delivered by Stroopwafel World or any third party indicated by Stroopwafel World. If the Consumer refuses to take prompt delivery or is negligent in providing necessary information or instructions for delivery then the product(s) will be stored at the Consumer’s risk. The Consumer shall pay Stroopwafel World all additional delivery, storage and insurance costs and any other costs incurred along with any loss arising in connection with this neglect or refusal.
Article 7 Privacy and Intellectual Property (IP-license)
7.1 Stroopwafel World is familiar with the General Data Protection Regulation (GDPR) and takes this into account when processing the (personal) data of the Consumer and/or participants. No (personal) data is shared with third parties, unless (i) this is necessary for the proper execution of the Agreement; or (ii) Stroopwafel World has a legal obligation to share the (personal) data; or (iii) Stroopwafel World has received explicit permission from the Consumer or participant(s) for this; or (iv) if one of the other legal grounds for the processing of personal data applies. The personal data collected by Stroopwafel World are processed and stored in the Stroopwafel World database for the correct execution of the Agreement (including order processing, delivery and payment).
7.2 By agreeing to the Stroopwafel World Agreement and general conditions, the Consumer grants to Stroopwafel World a non-exclusive, transferable, royalty-free and worldwide license to use image material of Stroopwafel World products made by the Consumer (IP-license). This means that the Consumer gives permission to use images, photos, videos and other content on or in which products of Stroopwafel World are visible, shared, copied and/or adapted by Stroopwafel World for whatever purpose without Stroopwafel World being obliged to pay any compensation to the Consumer. The copyright that rests on the visual material remains with the Consumer at all times.
Article 8 Payment
8.1 Unless otherwise expressly agreed in writing, payment must be made up-front via IDEAL (internet), Creditcard or Paypal.
8.2 The amounts owed by the Consumer must be paid within 14 days after conclusion of the Agreement, unless otherwise stipulated in the Agreement or in additional conditions.
8.3 If the Consumer fails to make (timely) payment, the Consumer shall be given a notice of late payment and shall be granted a 14-days (extra) period to make the owed payment. After expiry of the 14-days (extra) period the Consumer owes, without prejudice to its other obligations, interest on the outstanding amount (including collection costs) as from due date of the reminder invoice until the date of payment in full on an annual basis equal to the statutory interest rate ex Section 6:119 of the Dutch Civil Code. All reasonable judicial and extrajudicial costs made by Stroopwafel World to obtain payment shall be borne by the Consumer.
8.4 The Consumer is never entitled to set off the amount owed by it to Stroopwafel World.
8.5 Objections to the invoiced amount or any other objection(s) shall never suspend the payment obligation of the Consumer.
Article 9 Force majeure
9.1 Stroopwafel World is not obliged to fulfill any obligation to the Consumer in case it is being hampered due to a circumstance that is not due to gross negligence, and neither shall be for the account of Stroopwafel World under the law, a legal act or general acceptance, hereinafter referred to as “force majeure” (article 6:75 of the Dutch Civil Code).
9.2 In addition to what is included in law and jurisprudence, force majeure shall mean all external causes either foreseen or unforeseen, which Stroopwafel World cannot influence however which prevents Stroopwafel World to meet its obligations under the Agreement. Such situations include any strikes within Stroopwafel World or third parties, as well as the situation that a performance of a supplier of Stroopwafel World is not, not timely or not sufficient delivered to Stroopwafel World. Stroopwafel World is also entitled to invoke force majeure if the circumstance preventing (further) compliance occurs after Stroopwafel World should have met its obligations.
9.3 Stroopwafel World is entitled to suspend its contractual obligations during the period of force majeure. If the period of force majeure lasts for longer than three (3) months, either party shall be entitled to dissolve the Agreement without being obliged to pay any compensation for damages to the other party.
9.4 Insofar Stroopwafel World, at the time the force majeure commences, has meanwhile partly fulfilled its obligations by virtue of the Agreement, or shall be able to do so, and the fulfilled part and/or the part to be fulfilled represents independent value, Stroopwafel World is entitled to separately invoice the part that has already been fulfilled and/or is yet to be fulfilled. The Consumer is obliged to pay that invoice as though it were for a separate agreement.
Article 10 Liability
10.1 Any liability of Stroopwafel World remains at all times limited to the provisions as stated in these general conditions.
10.2 The consumption of the Perishable Products of Stroopwafel World by the Consumer or third parties is at all times at the Consumer’s discretion and own risk. Stroopwafel World is not liable for alleged illnesses or allergies that a Consumer or third party suffers, will suffer or has suffered after the consumption of the Perishable Products. Stroopwafel World has no medical authority and cannot judge the health or physical condition of the Consumer. In case of doubt about the consumption of the Perishable Products from Stroopwafel Wold, the Consumer is explicitly advised to seek advice from a medical specialist or nutritionist before proceeding with the consumption of the Perishable Products.
10.3 Stroopwafel World is not liable for damage of any nature whatsoever that has arisen due to incorrect or incomplete information provided to Stroopwafel World by or on behalf of the Consumer.
10.4 Stroopwafel World is not liable for normal wear and tear and/or for the product’s devaluation that is a consequence of the handling of the product(s) by the Consumer through no fault or action of Stroopwafel World.
10.5 Any liability of Stroopwafel World is always limited to a maximum of the free repair of a faulty product or replacement of that product or a part thereof, all for the exclusive assessment of Stroopwafel World. Any liability of Stroopwafel World never exceeds the sales value that the Consumer owes to Stroopwafel World for the product to which the liability relates.
10.6 In the event that liability is assumed, Stroopwafel World is only liable for direct damage. This includes: (1) the reasonable costs to determine the cause and extent of the damage; (2) if applicable, the reasonable costs incurred to resolve the defective performance of Stroopwafel World, insofar as this is attributable to Stroopwafel World, and (3) the reasonable costs incurred to prevent or limit the damage. The Consumer must be able to demonstrate that these costs have actually led to a limitation of the direct damage.
10.7 Stroopwafel World shall never be liable for indirect damages, including consequential damages, foregone profits, missed savings and damages as a result of business stagnation.
10.8 The limitation of liability as set out in these general conditions shall not apply if the damage is due to intent or gross negligence on the part of Stroopwafel World.
Article 11 Governing law and disputes
11.1 Dutch law is applicable to each and every Agreement and any other legal relationships with Stroopwafel World.
11.2 Any dispute about these general conditions and/or the Agreement is subject to the judgment of the competent Dutch court in the residence of Stroopwafel World (Rechtbank Noord-Holland), unless otherwise prescribed by mandatory law.
11.3 The Parties initiate court proceedings only if they have done their utmost to resolve the dispute by mutual consultation.