Article 1: Definitions
- Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services based on a distance contract. These goods, digital content and/or services are supplied by the owner of said goods, digital content and/or services or supplied by a third party on the basis of an agreement between that party and the owner;
- Withdrawal period: the stipulated time within which a consumer can use their right to withdraw from acquired goods, digital content and/or services;
- Consumer: a person who does not act for purposes related to his/her trade, business, craft or profession;
- Day: calendar day;
- Digital content: data which is produced and delivered in a digital format;
- Duration agreement: an agreement that stipulates a regular delivery of goods, services and/or digital content during an accorded period;
- Durable medium: any tool – including e-mail – which enables the consumer or owner/entrepreneur to store information that is addressed to him or her personally in a way that can be retrieved for future use in relevant cases; which allows for unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from a distance agreement/contract within a specified period;
- Entrepreneur and/or owner: the natural or legal person who offers (or gives access to) products, digital content and/or services;
- Distance agreement: an agreement between the entrepreneur/owner and the consumer – within the frame of an organised system – to deliver products, digital content and/or services from a distance, and where communication up to the time of the closing of the agreement has been exclusively or partly through one or more techniques of distance communication;
- Model withdrawal form: the European model withdrawal form to be found in Appendix I of these general conditions;
- Technique for distant communication: tool or means that can be used to close an agreement without having the consumer and entrepreneur/owner simultaneously present in a physical space.
These general conditions are to be understood under the following pretences:
Article 2 – Identity of the entrepreneur/owner
Located at Mauritskade 63, 1092 AD Amsterdam;
Telephone: +31 (0) 6 1655 7605 (during office hours);
E-mail: [email protected];
Registered at the Chamber of Commerce with the following number: 34141098;
VAT number: 8092 5335 5 B01;
The Fairfood Foundation is a recognised ANBI (welfare institution).
Article 3 – Applicability
- These general conditions are applicable to every offer of the entrepreneur/owner within every agreement established between the consumer and the entrepreneur/owner.
- These general conditions are made available to every consumer before the closing of any distance agreement. Should this prove impossible, the entrepreneur/owner will notify the consumer of any further procedures to make these general conditions available as soon as possible without any additional costs to said consumer.
- If the distance contract is to be closed on a digital platform/electronically – in derogation from the previous paragraph: before the contract is concluded – these general conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the consumer will be indicated where to locate the general terms and conditions electronically in a way that is free of charge or as otherwise requested by the consumer (before the closing of the agreement).
- In case of additional and specific product or service conditions – besides those already stipulated in these general conditions – the second and third previously stated paragraphs are still viable; in the event of conflicting condition, the consumer can invoke the applicable conditions that is most appropriate to him or her.
Article 4 – The offer
- If an offer is limited to a period of time, or is subject to conditions, this shall be explicitly stated in the offer.
- The offer shall contain a complete and accurate description of the offered products, digital content and/or services. The description shall be sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur/owner uses illustrative images, these shall be a true representation of the products, services and/or digital content offered. Obvious mistakes and/or errors do not subject the entrepreneur/owner to (legal) claims.
- Each offer contains information which makes clear to the consumer what rights and obligations are attached to the acceptance of an offer from the entrepreneur/owner.
Article 5 – The agreement
- The agreement is viable – in context of the conditions agreed upon in Article 4 – when the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted an offer electronically, the entrepreneur/owner shall immediately confirm the receipt of the acceptance electronically. As long as the receipt of this acceptance is not confirmed, the consumer has the right to dissolve the agreement.
- If the agreements is concluded electronically, the entrepreneur/owner shall take all technical and organisational precautions to safeguard the electronic transmission of data; the entrepreneur/owner shall ensure a safe web environment. If the consumer has the possibility to pay electronically, the entrepreneur/owner shall consider all necessary safety measures.
- The entrepreneur/owner can inform himself (within legal frameworks) whether the consumer can meet his or her payment obligations as well as inform about facts and factors that are important for a responsible closing of a distance contract. If, on the grounds of this investigation, the entrepreneur/owner has viable reasons to not enter into the agreement, he is entitled to refuse an order or request, stating reasons, or attach special conditions additional to the stipulated general conditions.
- The entrepreneur/owner shall provide the following information, in writing or in a way that it is easily stored on a durable medium at the latest when the delivery of the product, service or digital content is made:
- the visiting address of the entrepreneur/owner’s establishment where the consumer can file a complaint;
- the conditions, and the manner in which the consumer can make use of their right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantee(s) and existing after-sales service(s);
- the price including all taxes on the product, services and/or digital content, in so far applicable, delivery costs; the method of payment, delivery or implementation of the distance contract;
- the requirements for terminating an existing agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has the right of withdrawal, the model withdrawal form.
- In the event of an extended transaction, the provisions in the previous paragraph apply only to the first deliver of goods, services and/or digital content.
Article 6 – Right of withdrawal
- The consumer can withdraw their agreement regarding the purchase of a product within 14 days without further explanation or reasons for withdrawal. The entrepreneur/owner can ask for a reason of withdrawal, without the consumer being obliged to state such reason.
- The period of withdrawal, as stipulated in paragraph 1, is viable from the day on which the consumer, or a third-party previously indicated by the consumer, who is not the carrier, has received the product or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third-party designated by the consumer, has received the last product. The entrepreneur/owner may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time;
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or third-party as previously indicated by the consumer, has received the last shipment or the last part;
- for contracts for the regular delivery during a certain period: the day on which the consumer, or a third-party as previously indicated by the consumer, has received the first product.
With services or digital content that is not supplied on a tangible medium:
- The consumer has the right to terminate a service agreement and/or an agreement for the supply of digital content (that has not been delivered on a tangible medium) for at least 14 days without stating any reasons for their withdrawal. The entrepreneur/owner might ask the consumer for a reason for withdrawal, without the consumer being obliged to state such reason.
- The period of withdrawal, as previously stated in Article 6, starts on the day following the closing of the agreement.
Extended period of withdrawal for products, services and/or digital content which have not been delivered on a tangible period in case of lack of information about the right of withdrawal:
- In the event that the entrepreneur/owner has not provided the consumer with the legally required information regarding their right of withdrawal or the model withdrawal form, the period of withdrawal shall be extended with twelve months after the end of the original period of withdrawal as stipulated in accordance to the previous paragraphs in these general conditions.
- If the entrepreneur/owner has provided the information referred to in the previous Article to the consumer within twelve months after the effective date of the original period of withdrawal, the withdrawal period expires 14 days after the day on which the consumer received the information.
Article 7 – Obligations of the consumer during the period of withdrawal
- Within the period of withdrawal, the consumer shall handle the product and its packaging with care; he or she shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. In principle, the consumer may only handle and inspect the product as is done in a physical shop.
- The consumer is only liable for depreciation of the product that is a result of the way the product is handled and which goes further than is allowed as described in paragraph 1 of Article 7.
- The consumer is not liable for depreciation of the product if the entrepreneur/owner has not provided him or her with all legally required information about the right of withdrawal before or at the closing of the agreement.
Article 8 – Exercising the right of withdrawal by the consumer and the costs thereof
- If the consumer wishes to use the right of withdrawal, he or she shall do so within the withdrawal period by using the model withdrawal form or through another unequivocal form to the entrepreneur/owner
- The consumer shall return the product as soon as possible and well within the 14 days of the withdrawal period following the notification referred to in paragraph 1. The consumer will return the product or hand it over to (an authorised representative of) the entrepreneur/owner. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer shall, in any case, be aware of the withdrawal period should he or she choose to return the product.
- The consumer shall return the product with all its corresponding accessories – which have been supplied by the entrepreneur/owner. If reasonably possible, the product shall return in the original condition and packaging, and in accordance with the reasonable and clear instruction provided by the entrepreneur/owner.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct costs of returning the product. In case the entrepreneur/owner has not reported such cost responsibility to the consumer or if the entrepreneur/owner indicates to bear the costs himself, the consumer does not have to bear with the returning costs.
- Should the consumer withdraw after requesting the provision of the service or the supply of gas, water or electricity – in a limited volume or specific quantity – that are not explicitly included in the offering, the consumer shall give the entrepreneur an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the agreed upon obligations.
- The consumer shall not bear any costs for the performance of the services or the supply of water, gas or electricity – in a limited volume or quantity – which are not included in the services, if:
- The entrepreneur/owner has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs or the model withdrawal form;
- The consumer has not explicitly requested the commencement of the additional services or the supply of gas, water, electricity or district heating during the withdrawal period.
- The consumer does not bear any costs for the full or partial delivery of digital content which is not supplied on a tangible medium if:
- Prior to delivery, he or she has not explicitly agreed to commence the agreement before the end of the withdrawal period;
- The consumer has not acknowledged that he or she loses his/her right of withdrawal when giving his consent;
- The entrepreneur/owner has failed to confirm this statement from the consumer.
- If the consumer makes use of his or her right of withdrawal, all additional agreements will be terminated by operation of law.
Article 9 – Obligations of the entrepreneur/owner in case of withdrawal
- If the entrepreneur/owner has made it possible for the consumer to use his or her right of withdrawal online, he/she shall, upon receiving the request of withdrawal, immediately send a confirmation receipt to acknowledge said withdrawal.
- The entrepreneur/owner shall reimburse all the consumer’s payments, including delivery costs charged by the entrepreneur for the returned product, without delay, but well within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur/owner offers to collect the product himself, he or she may wait with the repayment until the product has been officially returned or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur/owner shall use the same method of payment that the consumer has utilised unless the consumer agrees upon another method of payment. The repayment is free of any costs for the consumer.
- Should the consumer choose for a more expensive method of payment than the standard delivery, the entrepreneur/owner is exempt of paying the additional costs incurred due to this more expensive method of delivery.
Article 10 – Exclusion from right of withdrawal
- Products or services of which the prices are subject to fluctuations in the financial marker; on which the entrepreneur/owner has no influence, and which may occur within the withdrawal period;
- Agreements which have been closed during a public auction. A public auction is a sales method in which products, digital content and/or services are offered by the entrepreneur/owner to the consumer who is physically present, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full execution of the service, only if:
- Execution has begun with the explicit factual consent of the consumer;
- The consumer has explicitly acknowledged that he or she loses his/her right of withdrawal as soon as the entrepreneur has fully executed the agreement.
- Package traveling as referred to in Article 7:500 BW and passenger transport contracts;
- Service contracts for the provision of accommodation, if the contract provides for a specific date of execution and other than residential purposes, freight transport, car rental, and catering;
- Agreements regarding leisure activities, if a certain window of usage is provided for in the agreement.
- Products manufactured according to the consumer’s specifications, which are not pre-fabricated, and which are manufactured on the basis of the individual choice of the consumer, or which are clearly intended for a specific person;
- Products which are quick to spoil or have a limited shelf life;
- Sealed products that are not suitable to be returned due to health protection or hygiene reasons and of which the seal has been broken after delivery;
- Products that by their nature are irrevocably mixed with other products;
- Alcohol drinks of which the price has been determined during the closing of the contract, yet of which the delivery can only be carried out after 30 days, and the actual value of which is of importance due to fluctuations in the market in which case the entrepreneur/owner has no influence.
- Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
- Newspapers and magazines with the exception of their respective subscriptions;
- The delivery of digital content other than on a tangible medium, but only if:
- The execution has begun with the explicit factual consent of the consumer;
- The consumer has declared that he or she loses their right of withdrawal.
If clearly stated in the offer, at least in time before the closing of the agreement, the entrepreneur/owner can exclude the following products or services from the right of withdrawal:
Article 11 – The price
- During the period of validity as stated in the offer, the prices of the products and/or services will not be increased with the exception of price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur/owner can offer products or services of which the prices are subject to fluctuations in the financial market and over which the entrepreneur/owner has no influence regarding the variable prices. If this is the case, the following shall always be stated in the offer: the link to fluctuations in the financial market, and the fact that any stated prices are target prices.
- Price increases within 3 months after the closing of the agreement are only permitted as a result of statutory regulations or provisions.
- Price increases from 3 months after the closing of the agreement are only permitted if the entrepreneur/owner has stipulated this and:
- they are the result of statutory regulations or provisions;
- the consumer is authorised to terminate the agreement effective immediately from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12 – Fulfilment of agreement and additional warranty
- The entrepreneur/owner guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory requirements existing on the date of closing of the agreement. If agreed, the entrepreneur/owner shall also guarantee that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur/owner, his or her supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur/owner should the entrepreneur/owner fail to fulfil his part of the agreement or contract.
- An additional warranty is understood as any obligation of the entrepreneur, his or her supplier, manufacturer or importer in which he or she grants the consumer certain rights that extend beyond what is legally required in the event that he or she has failed to fulfil his or her part of the agreement.
Article 13 – Delivery and execution
- The entrepreneur/owner will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With consideration of what is stated in Article 4 of these general terms and conditions, the entrepreneur/owner shall execute accepted orders expeditiously, but at the latest within 30 days unless a different delivery period has been agreed upon. If delivery is delayed or if an order cannot or only partially be executed, the consumer shall be notified no later than 30 days after placing the order. In said case, the consumer has the right to dissolve the contract without costs and has the right to compensation.
- After the dissolution of the agreement as accorded in the previous paragraph, the entrepreneur/owner shall immediately refund the amount that the consumer has paid.
- The risk of damage and/or loss of products lies with the entrepreneur until the products or service is delivered to the consumer or a pre-designated and representative of the consumer unless explicitly agreed otherwise.
Article 14 – Duration transactions: duration, cancelation and extension
- The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, within the premises of the agreed cancelation rules and a notice period of no more than one month.
- The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, within the premises of the agreed cancelation rules and notice period of no more than one month.
- The consumer can as previously mentioned in the previous paragraphs:
- cancel at any time and not be limited to specific time or period cancelations;
- at least cancel in the same way as they have been approached;
- always cancel within the same notice period as the entrepreneur/owner has stipulated for him/herself.
- A contract which has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically, and without notice be extended or renewed for a fixed period.
- Contrary to the previous paragraph, a contract that has been agreed upon by both parties for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be automatically extended for a maximum period of three months if the consumer has the option to terminate the agreement by the end of the extension with a notice period of no more than one month.
- An agreement for a definite period which has been agreed upon by both parties and extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period can be extended to a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement which has limited duration as to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and shall be automatically discontinued after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement – after the one year duration of the contract – at any time with a notice period of no more than one month unless it is reasonable and fair to cancel the agreement before the end of the duration.
Article 15 – Payment
- Unless otherwise indicated in the agreement or additional conditions, the amount owed by the consumer must be paid within 14 days after the start of the withdrawal period or in the absence of a withdrawal period, within 14 days after the closing of the agreement. In case of an agreement to provide service, this period commences on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may not be obliged to pay more than 50% in advance according to the general terms and conditions. When pre-payment has been stipulated, the consumer cannot demand any rights regarding the execution of the order or service(s) concerned before the stipulated pre-payment has taken place.
- The consumer has the duty to immediately report inaccuracies in payment details provided or stated by the entrepreneur/owner.
- If the consumer does not meet his or her obligation(s) in time, the entrepreneur/owner shall notify the consumer of their late payment; give the consumer a period of 14 days to meet his or her payment obligations. If by this time the consumer has not met his or her payment obligations, statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by the entrepreneur/owner. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2500; 10% over the next €2500, and 5% over the next €5000 with a minimum of €40. The entrepreneur/owner can deviate from the abovementioned from the previously mentioned amounts and percentages for the benefit of the consumer.
Article 16 – Procedure of complaints
- The entrepreneur/owner has a sufficiently known procedure regarding complaints and handles complaints in accordance with this procedure.
- Complaints about the execution of an agreement must be submitted with a full and clear description to the entrepreneur/owner within a reasonable time after the consumer has discovered certain defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date on which the complaint was received. If a complaint requires a foreseeable longer processing time, the entrepreneur/owner shall reply within the period of 14 days with a notice of receipt and an indication as to when the consumer can expect a more detailed answer.
- If the complaint cannot be solved by mutual agreement within a reasonable time period or within 3 months after the complaint has been submitted, a dispute will be set in place that is subject to the dispute settlement procedure.
Article 17 – Disputes
- Contracts between the entrepreneur/owner and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Article 18 – Additional or different stipulations
- Additional or deviating provisions 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 medium.