General Terms and Conditions
Table of Contents:
- Article 1 – Definitions
- Article 2 – Company identity
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The agreement
- Article 6 – Right of withdrawal
- Article 7 – Costs in the event of withdrawal
- Article 8 – Exclusion of the right of withdrawal
- Article 9 – The price
- Article 10 – Compliance and warranty
- Article 11 – Delivery and execution
- Article 12 – Continuing performance contract: duration, termination and extension
- Article 13 – Payment
- Article 14 – Complaints procedure
- Article 15 – Disputes
- Article 16 – Additional or deviating provisions
Article 1 – Definitions
The following definitions apply in these terms and conditions:
- Cooling-off period: the period within which the consumer can make use of his/her right of withdrawal;
- Consumer: the natural person not acting in the capacity of a profession or business and a remote agreement with the company;
- Day: calendar day;
- Continuing performance contract: a distance agreement with regard to a series of products and/or services for which the obligation to supply and/or purchase obligation is spread over a period in time;
- Durable data carrier: any device that enables the consumer or company to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the right of the consumer to withdraw from the distance contract during the cooling-off period;
- Model form: the model form for withdrawal made available by the company to be completed by a consumer if he/she wants to make use of the right of withdrawal.
- Company: the natural or legal person who offers remote products and/or services to consumers;
- Distance agreement: an agreement where in the context of a system organised by the company for remote sale of products and/or services, one or more means of remote communication are used exclusively to conclude the agreement;
- Technology for remote communication: means that can be used to conclude an agreement, without requiring the consumer and company to come together in the same space at the same time.
- General Terms And Conditions: these General Terms and Conditions of the company.
Article 2 – Company identity
200 Fahrenheit B.V. trading under “Grill Guru” among other names
Chamber of Commerce number: 60296356
VAT number: NL853847940B01
Article 3 – Applicability
- 1. These General Terms and Conditions apply to any offer by the company and to every finalised remote agreement or order between the company and consumer.
- The text of these General Terms and Conditions will be made available to the consumer prior to entering into the distance agreement. If this is not reasonably possible, it will be stated, prior to entering into the distance agreement, that the General Terms and Conditions can be consulted through the company and will be sent as soon as possible at the request of the consumer request free of charge.
- In derogation from the previous paragraph, if the distance agreement is entered into electronically, the text of these General Terms and Conditions can be provided to the consumer electronically prior to entry into the distance agreement in such a way as to enable the consumer to store it easily on a durable data carrier. If this is not reasonably possible, it will be stated, prior to entering into the distance agreement, where the General Terms and Conditions can be consulted electronically and that these will be sent to the consumer electronically or otherwise as soon as possible at their request and free of charge.
- In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the consumer may always appeal to the applicable provision that is most favourable to him/her.
- If one or more provisions of these terms is at any time wholly or partially invalid or invalidated, the agreement and these General Terms and Conditions remain otherwise in force, and the relevant provision will be immediately replaced in consultation by a provision that is as close to the scope of the original insofar as possible.
- Situations that are not covered by these General Terms and Conditions must be assessed ‘in the spirit’ of these General Terms and Conditions.
- Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted ‘in the spirit’ of these General Terms and Conditions.
Article 4 – The offer
- If an offer is made with a limited validity period or under certain conditions, this will be expressly stated in the offer.
- The offer is without obligation. The company is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the company makes use of images, these will be a true representation of the products and/or services being offered. Obvious errors or omissions in the offer shall not be binding on the company.
- All images and specification details in the offer are indicative and cannot lead to damages or termination of the agreement.
- Product images are a faithful representation of the products offered. The company cannot guarantee that the displayed colours correspond exactly to the real colours of the products.
- Every offer shall include sufficient information to make it clear to the consumer which rights and obligations are connected to acceptance of the offer. This concerns, in particular:
- the price including taxes;
- any delivery costs;
- the manner in which the agreement will come into effect and the steps that are necessary for that to take place;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period during which the offer may be accepted, or the period within which the company guarantees the price;
- the rate for remote communication if the cost of using the technology for remote communication is calculated on a basis other than the regular base rate for the means of communication used;
- whether the agreement will be archived after its conclusion and if so, how the consumer may consult it;
- the method by which the consumer can, before the closing of the agreement, check and correct the desired information provided to it within the context of the agreement;
- any other languages, other than Dutch, in which the agreement may be concluded;
- the codes of conduct to which the company is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the event of a continuing performance contract.
Article 5 – The agreement
- Subject to the provisions in paragraph 4, the agreement shall be concluded when the consumer has accepted the offer and met the General Terms and Conditions set.
- If the consumer has accepted the offer by electronic means, the company will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the acceptance has not been confirmed by the company, the consumer may terminate the agreement.
- If the agreement has been concluded electronically, the company will ensure that appropriate technological and organisational measures are in place to secure the electronic transfer of data, as well as a secure web environment. If the consumer can pay electronically, the company shall observe the appropriate security measures.
- The company may, within the limits of the law, gather information about the consumer’s ability to fulfil his/her payment obligations, and all facts and factors relevant to responsibly concluding the distance agreement. If, based on this investigation, the company has grounds to refuse to conclude the agreement, they are entitled to refuse to honour an order or request, or to attach special conditions thereto.
- Along with the product, the company shall send the following information to the consumer in writing or in such a manner that it can be saved by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the company’s office where the Consumer can submit complaints;
- the terms and conditions of the consumer’s right of withdrawal and the method by which the consumer can enforce that right or a clear statement as to the exclusion of the right of withdrawal;
- information about warranties and existing service after purchase;
- the data stipulated in Article 4, paragraph 3, of these terms and conditions unless the company has already provided these to the consumer prior to performance of the agreement;
- e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
- In the case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
- Each agreement is entered into on the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
- For the purchase of products, the consumer has the option to terminate the agreement without a statement of reasons during a period of 14 days. This cooling-off period commences on the day after the consumer, or a representative designated in advance and announced to the company by the consumer, receives the product.
- During the cooling-off period, the consumer must handle the product and packaging with care. He/she may only take the product out of its packaging or use it to the extent necessary to determine whether or not he/she would like to keep it. If he/she makes use of the right of withdrawal, the product must be returned to the company with all supplied accessories – if reasonably possible – in its original condition and packaging in accordance with the instructions provided by the company.
- If the consumer wishes to use the right of withdrawal, he/she is obliged to make this known to the Company within 14 days after receipt of the product. The notification must be made by the consumer using the model form. After the consumer has made it known that he/she wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered items have been returned in a timely manner, for example by proof of postal delivery.
- If the consumer has not made known that he/she wishes to make use of the right of withdrawal or has not sent the product to the company after the terms stated in paragraphs 2 and 3, respectively, then the purchase is final.
- When delivering services, the consumer has the option to dissolve the agreement without a statement of reasons during a period of 14 days, starting on the commencement date of the agreement.
- In order to make use of the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the company with the offer and/or at the time of delivery at the latest.
Article 7 – Costs in the event of withdrawal
- If the consumer makes use of his/her right of withdrawal, the cost for returning the goods shall be borne by him/her.
- If the consumer has paid an amount, the company will refund this amount as soon as possible but no later than 14 days after withdrawal. The condition for this is that the product has already been received back by the web shop or conclusive evidence of the complete return can be presented.
Article 8 – Exclusion of the right of withdrawal
- The company can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal pertains only if the company has stated this clearly in the offer or, in any case, in a prompt fashion before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the company in accordance with the consumer’s specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that can spoil or become obsolete quickly;
- the price of which is subject to fluctuations in the financial market over which the company has no control;
- that are individual newspapers and magazines;
- that are audio and video recordings and computer software of which the consumer has broken the seal.
- that are hygienic products, the seal of which has been broken by the consumer.
- The exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
- the provision of which have begun with express consent from the consumer prior to the end of the cooling-off period.
- relating to bets and lotteries.
Article 9 – The price
- For the duration of the period of validity stated in the offer, the prices for the products and/or services offered shall not be increased, except in cases of price changes pursuant to changes in VAT.
- Notwithstanding the previous paragraph, the company can offer products or services with variable prices in the case of products or services with prices linked to fluctuations in the financial market over which the company has no control. The offer shall be accompanied by a statement regarding this link to fluctuations and the fact that any prices mentioned are recommended prices.
- Price increases within 3 months of the agreement’s entry into force are only permitted if the increases result from statutory rules or provisions.
- Price increases after 3 months of the agreement’s entry into force are permitted only if this has been stipulated by the company and:
- these are the result of legal regulations or provisions; or
- the consumer is authorised to terminate the agreement effective on the day on which the increase takes effect
- All prices indicated in the provision of products or services are including VAT.
- All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of printing and typographical errors. The company is not obliged to deliver the product at the erroneous price in the case of printing and typographical errors.
Article 10 – Compliance and Warranty
- The company guarantees that the products and/or services comply with the agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability, and with the existing statutory provisions and/or government regulations on the day the agreement is concluded. If agreed, the company also guarantees that the product is suitable for use other than normal use.
- A warranty provided by the company, manufacturer or importer does not in any way impede the legal rights and claims that the consumer may invoke against the company on the basis of the agreement.
- Any defects or incorrectly delivered products must be reported in writing to the company within 7 days after delivery. Return of the products must be made in the original packaging and in new condition.
- The company’s warranty period corresponds to the manufacturer’s warranty period. The company is, however, never liable for the ultimate suitability of the products for any individual application by the consumer, nor for any recommendations with respect to the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves and/or had them repaired and/or modified by third parties;
- The delivered products are exposed to abnormal conditions or otherwise handed carelessly or in conflict with the instructions of the company and/or on the packaging;
- The impropriety is wholly or partially the result of regulations that the government has set or will set with respect to the nature and quality of the materials used.
Article 11 – Delivery and execution
- The company shall exercise the best possible care when executing orders and executing orders of products and when assessing requests for the provision of services.
- The address that the consumer has provided to the company shall apply as the place of delivery.
- In accordance with the provisions of Article 4 of these General Terms and Conditions on the subject, the company will send accepted orders promptly, but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer shall be informed about this no later than 30 days after having placed the order. In such cases, the consumer is entitled to terminate the agreement free of charge. The consumer has no right to compensation.
- All delivery terms are indicative. The consumer can derive no rights from any stated terms. Exceeding a term gives the consumer no right to damage compensation.
- In the event of termination in accordance with paragraph 3 of this article, the company will refund the amount that the consumer has paid as soon as possible but no later than within 14 days after termination.
- If delivery of a product ordered is not possible, the company will endeavor to make a substitute item available. The delivery of a replacement item will be notified in a clear and understandable way at the latest on delivery. The right of withdrawal cannot be excluded in the case of replacement items. The costs of any return shall be borne by the company.
- The risk of loss and/or damage to products will be borne by the company until the time of delivery to the consumer or a representative appointed in advance and made known to the consumer unless explicitly agreed otherwise.
Article 12 – Continuing performance contract: duration, termination and extension
- The consumer may at any time terminate an agreement concluded for an indefinite period and which relates to the regular delivery of products (including electricity) or services with observance of the agreed rules of termination and a notice period of at most one month.
- The consumer may at any time, as the end of a certain period approaches, terminate an agreement concluded for a definite period and which relates to the regular delivery of products (including electricity) or services with observance of the agreed rules of termination and a notice period of at most one month.
- The consumer may terminate the agreements mentioned in the preceding paragraphs:
- at any time and not limited to termination at a particular time or in a given period;
- at least in the same way as they were concluded by him/her;
- at all times with the same period of notice as the company stipulated for themselves;
- An agreement that has been concluded for a definite period and which relates to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
- Notwithstanding the preceding paragraph, an agreement for a definite period that extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for a specific period of three months at the most if the consumer can terminate this extended agreement towards the end of the extension with a notice period of one month at the most.
- An agreement that has been concluded for a definite period and which relates to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is able to terminate the agreement at any time with observance of a notice period of at most one month, and a notice period of at most three months in the event the agreement relates to the regular, but less than once per month, delivery of daily, news and weekly publications and magazines.
- A fixed-term agreement for regular delivery of dailies, newspapers, weeklies, and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the Consumer may always terminate the agreement with a period of notice amounting at most to one month, unless reasonableness and fairness bar termination before the end of the agreed term.
Article 13 – Payment
- Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling off period as set out in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period will commence on the day following the consumer’s confirmation that they have received the agreement.
- The consumer has a duty to inform the company promptly of any inaccuracies in the payment details that were given or specified.
- In the event of non-payment by the consumer, the company is entitled, notwithstanding legal restrictions, to charge the reasonable costs expressed to the consumer in advance.
Article 14 – Complaints procedure
- The company possesses a sufficiently communicated complaints procedure and processes complaints accordingly.
- Complaints about the performance of the agreement must be submitted to the company with a full and complete description within 7 days after the consumer has discovered the defects.
- Complaints submitted to the consumer will receive a response within a period of 14 days of the date of receipt. If a complaint is expected to require a longer processing period, the company will issue within the 14-day period a message of receipt and an indication of when the consumer may expect to receive a more thorough response.
- If the complaint cannot be resolved by mutual consultation, a dispute will arise which is subject to the dispute settlement rules.
- When complaints cannot be resolved amicably, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate without charge. Should no solution be found, the consumer has the option of having the complaint handled by Stichting GeschilOnline, whose decision is binding and both the company and the consumer shall consent to this binding decision. There are costs associated with presenting a dispute to this disputes committee that must be paid by the consumer to the relevant committee.
- A complaint does not suspend the obligations of the company, unless the company indicates otherwise in writing.
- If a complaint is found to be grounded by the company, the company will have the option of replacing or repairing the delivered products free of charge.
Article 15 – Disputes
- All agreements between the company and the consumer to which these General Terms and Conditions relate shall be governed exclusively by Dutch law, also if the consumer resides abroad.
- The Vienna Sales Convention shall not apply.