General Terms and Conditions of Funky-Chef.nl, a website of Studio Vortex, located in 's-Hertogenbosch.
1. General
1.1 These general terms and conditions apply to all offers from Funky-Chef.nl, hereinafter referred to as 'seller'. The conditions are accessible to everyone and included on the seller's website. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree to the general terms and conditions. The seller reserves the right to change its general terms and conditions.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by the seller.
1.4 The Seller guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while stocks last.
2.2 Seller will execute orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the customer will receive the order within 1 month after placement of the order. order and in that case he has the right to cancel the order without costs and notice of default.
2.3 The seller's obligation to deliver will, unless proven otherwise, be fulfilled as soon as the goods delivered by the seller have been offered to the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.
2.4 All terms stated on the website are indicative. Therefore, no rights can be derived from the stated periods.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to typographical and printing errors. No liability is accepted for the consequences of typographical and printing errors.
3.3 All prices on the site are in Euros and are displayed with the VAT rate.
4. Trial period / right of withdrawal
4.1 In the context of the rules of distance purchasing, the customer, being a consumer/private individual, has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to the seller after this period, the purchase is a fact. Before returning, the customer is obliged to notify the seller in writing within 14 days after delivery. The customer must be able to prove that the delivered goods have been returned (on time) by means of proof of delivery. Returns of the goods must be made in the original packaging, including accessories and associated documentation. If the goods have been used, encumbered or damaged in any way, the right to termination within the meaning of this paragraph lapses. Taking into account what is determined in the previous sentence, the seller ensures that the full purchase amount is refunded to the customer within 14 days after receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to:
- Business and/or professional customers.
- Services on behalf of the customer.
- Goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence.
- Goods that are manufactured according to consumer specifications, for example custom-made, or that have a clearly personal character.
- Goods that cannot be returned due to their nature, for example in connection with hygiene.
- Goods in connection with have specific storage requirements for food safety and/or that can spoil or age.
- Goods that are returned incomplete and/or not in their original packaging.
5. Data management
5.1 If you place an order with the seller, your details will be included in the seller's customer database. The seller complies with the Personal Data Protection Act and will not provide your data to third parties.
5.2 The Seller respects the privacy of the users of the website and ensures confidential treatment of your personal data.
5.3 In some cases the Seller uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6. Warranty and Conformity
6.1 The seller 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 legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
6.2 A scheme offered as a guarantee by the seller, manufacturer or importer does not affect the rights and claims that the consumer can assert towards the seller in connection with a failure to fulfill the seller's obligations under the law and /or the distance contract.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must immediately document these defects with clear photos of the delivered goods and packaging(s) (before returning it to the seller) and immediately report these in writing to seller. Any defects or incorrectly delivered goods must be reported to the seller in writing no later than 8 days after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely voids this right to complain and return.
6.4 If complaints from the customer are found to be justified by the seller, the seller will, at its option, replace the delivered goods free of charge or make a written arrangement with the customer regarding full or partial reimbursement of the goods in question.
6.5 This warranty does not apply if: A) and as long as the customer is in default towards the seller; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or have been treated contrary to the seller's instructions and/or instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used; E) there is wear and/or environmental influences.
6.6 The warranty is based on 'Carry-in', which means that the customer must deliver the delivered goods to the seller himself or send them to the seller at his own expense and risk.
7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 If the customer accepts a non-binding offer, the seller reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
7.3 Verbal commitments only bind the seller after they have been expressly confirmed in writing.
7.4 Offers from the seller do not automatically apply to repeat orders.
7.5 The seller cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or typo.
7.6 Additions, changes and/or further agreements are only effective if agreed in writing.
8. Agreement
8.1 An agreement between the seller and the customer is concluded after an order has been assessed by the seller for feasibility.
8.2 The seller reserves the right not to accept orders or assignments without giving reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings, descriptions, etc.; information regarding weights, dimensions, colors, images of labels, etc. on the seller's website are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 The Seller is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure means any external cause, as well as any circumstance that should not reasonably be at its risk. Delays or failure to perform by our suppliers, disruptions to the Internet, disruptions to electricity, disruptions to e-mail traffic and disruptions or changes to technology supplied by third parties, transport difficulties, strikes, government measures, supply delays, negligence of suppliers and/or or manufacturers of the seller as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport equipment expressly constitute force majeure.
10.3 In the event of force majeure, the seller reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is the seller obliged to pay any fine or compensation.
10.4 If, when the force majeure occurs, the seller has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the deliverable part and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
11. Liability
11.1 With regard to legal liability, the seller is only liable for damage if it is covered by the liability insurance for companies taken out by the seller. The amount of the damage will be determined by the insurance company, with the understanding that the compensation will never exceed the compensation to be paid by the insurance company.
11.2 Liability for damage resulting from delays in delivery, lost profits, stagnation damage and other consequential damage is excluded.
11.3 The seller is not liable for any form of damage resulting from incorrect use of products and/or failure to comply with safety regulations. Before use, read the instructions and/or safety instructions on the packaging and/or in the enclosed manual. If a Dutch Funky Chef manual is not included with a product, the customer must request this from the seller before using the product.
11.4 The Seller is not liable for damage caused by intent or equivalent deliberate recklessness.
12. Retention of title
12.1 Ownership of all goods sold and delivered by the seller to the buyer remains with the seller as long as the buyer has not paid the seller's claims under the agreement or previous or later similar agreements, as long as the buyer has completed the work performed or to be performed under this agreement. or similar agreements and as long as the buyer has not yet paid the seller's claims due to failure to comply with such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3: 92 BW.
12.2 The goods delivered by the seller that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not entitled to pledge or encumber in any other way the items falling under the retention of title.
12.4 The customer now gives unconditional and irrevocable permission to the seller or a third party to be appointed by the seller, in all cases in which the seller wishes to exercise its ownership rights, to enter all those places where its property will be located and to dispose of those items there. to take.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform the seller of this as soon as can reasonably be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make this insurance policy available for inspection to the seller upon first request.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between the seller and the buyer, which cannot be resolved by mutual agreement, will be dealt with by the competent court within the district of 's-Hertogenbosch, unless the seller prefers to submit the difference to the competent court of the residence of the buyer, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court judge.