Terms and Conditions

Article 1: Introduction

These general conditions apply to the agreement between Foundation Potjes & Deksels and the customer regarding the products offered by Foundation Potjes en Deksels. The client hereby declares that he/she has taken note of and agrees with the articles below. Foundation Potjes & Deksels has the right to change the general conditions at any time, the most recent version of the general conditions are at all times on the website. www.potjesendeksels.nl te vinden.

Article 2 - Definitions and applicability

  1. In these terms and conditions, the following terms shall have the following meanings

klant: iedere natuurlijk persoon of rechtspersoon die bij Stichting Potjes & Deksels producten koopt.

day: calendar day;

Entrepreneur: the Potjes & Deksels Foundation, located at Zijpenberg 151, 2905 RR in Capelle aan den IJssel, operating in the Netherlands under VAT number: NL861359926B01 and Chamber of Commerce Rotterdam 78349206, hereinafter also referred to as "Potjes & Deksels";

Agreement: any agreement that is entered into between the Entrepreneur and the Customer, any amendment or addition thereto, as well as all (legal) acts in preparation for and in execution of that agreement;

Product: any item, good or similar product offered, delivered or to be delivered by the Entrepreneur under the Contract, according to common opinion.

conditions: these terms and conditions

  1. These terms and conditions apply to every offer, quotation and contract between the entrepreneur and a customer, insofar as these terms and conditions are not expressly deviated from by the parties in writing.
  2. The applicability of any purchase or other conditions of the customer is expressly rejected.
  3. If one or more provisions of these terms and conditions are invalid or may be annulled in part or in whole at any time, the remainder of these terms and conditions will continue to apply in full. The entrepreneur and the customer will then consult to agree on new provisions to replace the invalid or annulled provisions, as much as possible respecting the purpose of the original provisions.
  4. If there is any uncertainty regarding the interpretation of one or more provisions of these terms and conditions, the interpretation should be made according to the spirit of these provisions.
  5. If a situation arises between the parties that is not provided for in these terms and conditions, this situation should be assessed according to the spirit of these terms and conditions.
  6. If Entrepreneur does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Entrepreneur would in any way lose the right to require strict compliance with these terms and conditions in other cases.

Article 3 - Offer

  1. Any offer made by the entrepreneur on the website or social media is without obligation.
  2. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer. This concerns in particular:
  • the price including taxes, unless otherwise agreed;
  • the cost of delivery, if any;
  • The way in which the agreement will be established and what actions are required for this;
  • The method of payment, delivery or performance of the agreement;
  • The period for accepting the offer, or the period for adhering to the price.

Article 4 - Agreement

  1. The agreement comes into effect, subject to the provisions of paragraph 3, at the time of acceptance by the customer of the offer and the fulfilment of the conditions set therein.
  2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the order electronically.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within the law - to inform the customer of his payment obligations, and also of all those facts and factors relevant to a sound conclusion of the distance. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products and/or services.

Article 5 - Price

  1. Prices of products and/or services already offered will not be increased, with the exception of price changes resulting from legal regulations or provisions.
  2. Entrepreneur is free to make price changes at any time, unless otherwise agreed in writing with customer.

Article 6 - Payment

  1. Tenzij anders overeengekomen dienen door klant verschuldigde bedragen dient te geschieden door betaling aan de bus van Potjes & Deksels.
  2. If the client is in default or omission in the (timely) fulfillment of its obligations, the entrepreneur has the right to charge the client the reasonable costs made known in advance to the client for obtaining extrajudicial satisfaction.
  3. The Company may also take back the goods immediately in this case. All costs, both judicial and extrajudicial, incurred by the Company as a result of the Client's failure to comply with any obligation under the Contract and these Terms and Conditions shall be borne entirely by the Buyer.
  4. In these cases, any claim that the Company has or will have against the Client becomes immediately due and payable.
  5. In deze gevallen is elke vordering die de Vennootschap heeft of zal hebben op de Klant onmiddellijk opeisbaar.
  6. Objections to the amount of an invoice do not suspend the payment obligation.
  7. The customer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur. 

Article 7 - Delivery and execution

  1. The entrepreneur will take the necessary care in receiving and preparing orders of products.
  2. The customer must thoroughly clean the personal packaging in advance, loss of product quality caused by insufficiently cleaned packaging will not be reimbursed.
  3. Als plaats van levering geldt in beginsel het de locatie van de bus van Potjes & Deksels.
  4. Subject to what is stated in Article 3 of these general conditions, the company will execute accepted orders with due speed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the customer will be notified.
  5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to make a replacement product available.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery at the address mentioned in article 6, unless explicitly agreed otherwise.
  1. Prices are inclusive of VAT. Interim price changes reserved.
  2. If an order cannot be delivered because no one is present or the delivery location is closed, additional delivery charges may apply.

Article 8 - Complaints and right of withdrawal

  1. Customer is obliged to inspect the delivered products for defects immediately after the products are made available to him. In doing so, the customer must examine whether the quality and/or quantity corresponds to what was agreed.
  2. After the customer takes delivery of the products, these products are not the responsibility of the entrepreneur.
  3. If a defect is reported later, the customer will no longer be entitled to repair, replacement or compensation. In the event of a quality complaint, the Company will try to find a solution together with the Customer.

Article 9 - Compliance

  1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. Goods must be stored in the appropriate sealed packaging in a cool, dry and dark place immediately upon receipt.

Article 10 - Liability

  1. Entrepreneur is not liable for damages of any kind arising because Entrepreneur has relied on incorrect and / or incomplete information provided by or on behalf of the customer.
  2. Entrepreneur cannot serve customers with allergies unless otherwise agreed. No cross-contamination of products can be prevented due to the work area and use of one storage area.
  3. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of the Company or its subordinates.

Article 11 - Indemnification

  1. The Client indemnifies the Company against any claims by third parties who suffer damages in connection with the execution of the Contract and whose causes are attributable to parties other than the Company.
  2. Should the Company become liable to a third party for this reason, the Client is obliged to assist the Company both extra-judicially and judicially and to immediately do everything that may be expected of it in that respect. Should the client fail to take adequate measures, then the Company has the right to do so itself, without notice of default. All costs and damages on the part of the entrepreneur and third parties will be fully at the expense and risk of the client.

Article 12 - Force majeure

  1. The entrepreneur is not obliged to fulfill any obligation to the customer if he is hindered as a result of a circumstance that is not due to fault and not under the law, a legal act or generally accepted practice.
  2. In these general terms and conditions, force majeure is defined, in addition to what is included in the law and jurisprudence, as all external causes, foreseen and unforeseen, over which the Entrepreneur has no influence, but which prevent the Entrepreneur from fulfilling his obligations. The entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the contract occurs after the entrepreneur should have fulfilled his obligation.
  3. Entrepreneur may suspend its obligations under the agreement during the period of force majeure. If this period lasts longer than two months, then either party is entitled to terminate the agreement, without any obligation to compensate the other party for damages.
  4. Insofar as the Company has partially fulfilled its obligations arising from the Contract or will be able to fulfil these at the time when Force Majeure arises, and insofar as independent value can be attached to the part that has been or will be fulfilled, the Company has the right to invoice the part that has been or will be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate Contract.

Article 13 - Complaints Procedure

  1. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the customer has found the defects.
  2. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.

 

Article 14 - Applicable law and disputes

  1. Contracts between the entrepreneur and the customer to which these terms and conditions relate, are exclusively governed by Dutch law, even if a commitment is fully or partially implemented abroad. The applicability of the Vienna Sales Convention is excluded.
  2. All disputes arising from offers or agreements, however named, will be submitted to the judgment of the competent court in Rotterdam (the Netherlands).
  3. The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

Article 15 - Amendment of conditions

  1. The entrepreneur reserves the right to change these Terms unilaterally.
  2. The version that applies is the version that applied at the time of the conclusion of the relevant legal relationship with the entrepreneur. Customer is advised to regularly check the conditions for changes.

Dit is de meest recente versie van de Potjes & Deksels Algemene voorwaarden. Deze is voor het laatst gewijzigd op 02-03-2021.

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