Terms and Conditions of Funky-Chef.nl, a website operated by Studio Vortex, based in 's-Hertogenbosch.
1. General
1.1 These terms and conditions apply to all offers made by Funky-Chef.nl, hereinafter referred to as the 'Seller'. These terms and conditions are available to everyone and are published on the Seller's website. A written copy will be provided upon request.
1.2 By placing an order, you indicate that you agree to these terms and conditions. The Seller reserves the right to amend its terms and conditions.
1.3 Unless otherwise agreed in writing, the Seller does not recognise any general or specific terms, conditions or provisions of third parties.
1.4 The Seller guarantees that the product supplied conforms to the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery is subject to stock availability.
2.2 The Seller will fulfil orders within at least 30 days. If this is not possible (because the items ordered are out of stock or no longer available), or if delivery is delayed for other reasons, or if an order cannot be fulfilled or can only be partially fulfilled, the Customer will be notified within one month of placing the order and will then be entitled to cancel the order without charge or formal notice of default.
2.3 Unless proven otherwise, the Seller's delivery obligation shall be deemed fulfilled once the goods supplied by the Seller have been offered to the Customer for delivery. In the case of home delivery, the carrier's report recording a refusal to accept delivery shall constitute conclusive evidence that delivery was offered.
2.4 All delivery times stated on the website are indicative. No rights may therefore be derived from the stated delivery times.
3. Prices
3.1 Prices will not be increased during the validity period of an offer, unless required by statutory measures or where the manufacturer introduces interim price increases.
3.2 All prices on the website are subject to typographical and printing errors. No liability is accepted for the consequences of such errors.
3.3 All prices on the website are stated in euros and include VAT at the applicable rate.
4. Cooling-off period / right of withdrawal
4.1 Under the rules governing distance selling, a Customer who is a consumer/private individual has the right to return all or part of the goods delivered within 14 days without giving a reason. This period begins when the ordered goods are delivered. If the Customer has not returned the goods to the Seller by the end of this period, the purchase becomes final. Before returning the goods, the Customer must notify the Seller in writing within 14 days of delivery. The Customer must be able to prove that the goods were returned on time by providing proof of dispatch or delivery. Goods must be returned in their original packaging, including accessories and accompanying documentation. If the goods have been used, encumbered or damaged in any way, the right to cancel under this clause shall lapse. Subject to the preceding sentence, the Seller shall ensure that the full purchase price is refunded to the Customer within 14 days of proper receipt of the returned goods. The costs and risks of returning the goods are borne entirely by the Customer.
4.2 The right of withdrawal does not apply to:
- Business and/or professional customers.
- Services commissioned by the Customer.
- Goods or services whose prices are subject to fluctuations in the financial market beyond the supplier's control.
- Goods manufactured to the consumer's specifications, such as custom-made goods, or goods of a clearly personal nature.
- Goods that cannot be returned due to their nature, for example for hygiene reasons.
- Goods that are subject to specific storage requirements for food safety and/or that may spoil or become outdated.
- Goods returned incomplete and/or without their original packaging.
5. Data management
5.1 If you place an order with the Seller, your details will be added to the Seller's customer database. The Seller complies with the Dutch Personal Data Registration Act and will not disclose your details to third parties.
5.2 The Seller respects the privacy of website users and ensures that their personal data is treated confidentially.
5.3 The Seller sometimes uses a mailing list. Every mailing includes instructions on how to unsubscribe.
6. Warranty and conformity
6.1 The Seller warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in force on the date the agreement is concluded.
6.2 Any warranty arrangement offered by the Seller, manufacturer or importer does not affect the rights and claims that the consumer may assert against the Seller under the law and/or the distance contract in the event of the Seller failing to fulfil its obligations.
6.3 The Customer must inspect the goods immediately upon receipt. If the goods delivered are incorrect, defective or incomplete, the Customer must, before returning them to the Seller, immediately document the defects with clear photographs of the goods and their packaging and report them to the Seller in writing without delay. Any defects or incorrectly delivered goods must be reported to the Seller in writing no later than eight days after delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use after discovering a defect, damage occurring after discovering a defect, encumbrance and/or resale after discovering a defect shall completely extinguish the right to complain and return the goods.
6.4 If the Seller considers the Customer's complaint justified, the Seller shall, at its discretion, replace the goods free of charge or reach a written agreement with the Customer regarding full or partial reimbursement for the goods concerned.
6.5 This warranty does not apply if: A) the Customer is in default towards the Seller, for as long as that default continues; B) the Customer has repaired and/or modified the goods or had them repaired and/or modified by third parties; C) the goods have been exposed to abnormal conditions, otherwise handled carelessly, or handled contrary to the Seller's instructions and/or the instructions for use on the packaging; D) the defect is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used; E) the issue results from wear and tear and/or environmental influences.
6.6 Warranty service is provided on a 'carry-in' basis, meaning that the Customer must deliver the goods to the Seller personally or send them to the Seller at the Customer's own expense and risk.
7. Offers
7.1 Offers are non-binding unless otherwise stated in the offer.
7.2 If the Customer accepts a non-binding offer, the Seller reserves the right to withdraw from or deviate from that offer within three working days of receiving the acceptance.
7.3 Verbal commitments shall bind the Seller only after they have been expressly confirmed in writing.
7.4 The Seller's offers do not automatically apply to subsequent orders.
7.5 The Seller cannot be held to an offer if the Customer should reasonably have understood that the offer, or part of it, contained an obvious mistake or clerical error.
7.6 Additions, amendments and/or further agreements are valid only if agreed in writing.
8. Agreement
8.1 An agreement between the Seller and the Customer is concluded after the Seller has assessed the feasibility of an order or assignment.
8.2 The Seller reserves the right to refuse orders or assignments without stating reasons, or to accept them only on condition that shipment takes place cash on delivery or following advance payment.
9. Images and specifications
9.1 All images, photographs, drawings, descriptions and other information, including details of weights, dimensions, colours and label images, on the Seller's website are approximate and indicative only and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 The Seller shall not be liable if and to the extent that its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure means any external cause or circumstance that cannot reasonably be considered to be at the Seller's risk. Delays or failures by our suppliers, internet outages, power failures, disruptions to email communications, failures or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supplies, negligence by the Seller's suppliers and/or manufacturers or auxiliary personnel, staff illness, and defects in equipment or means of transport are expressly considered events of force majeure.
10.3 In the event of force majeure, the Seller reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to request that the agreement be amended so that performance remains possible. Under no circumstances shall the Seller be obliged to pay any penalty or compensation.
10.4 If the Seller has already partially fulfilled its obligations when the force majeure event occurs, or can fulfil them only in part, it is entitled to invoice the part already delivered or still deliverable separately, and the Customer must pay that invoice as though it related to a separate agreement. This does not apply if the part already delivered or still deliverable has no independent value.
11. Liability
11.1 With regard to statutory liability, the Seller shall be liable for damage only if it is covered by the Seller's business liability insurance. The amount of compensation shall be determined by the insurance company, provided that it shall never exceed the amount paid out by the insurer.
11.2 Liability for damage resulting from delays in delivery, loss of profit, business interruption and other consequential losses is excluded.
11.3 The Seller shall not be liable for any damage resulting from improper use of products and/or failure to comply with safety instructions. Before use, read the instructions and/or safety warnings on the packaging and/or in the enclosed manual. If a product is not supplied with a Dutch-language manual from Funky Chef, the Customer must request one from the Seller before using the product.
11.4 The Seller shall not be liable for damage caused by intentional acts or equivalent deliberate recklessness.
12. Retention of title
12.1 Ownership of all goods sold and delivered by the Seller to the Customer shall remain with the Seller until the Customer has settled all claims arising from the agreement or from previous or subsequent similar agreements, until the Customer has paid for work performed or to be performed under these or similar agreements, and until the Customer has settled all claims by the Seller arising from failure to fulfil such obligations, including claims for penalties, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
12.2 Goods delivered by the Seller that are subject to retention of title may be resold only in the ordinary course of business and may never be used as a means of payment.
12.3 The Customer is not entitled to pledge or otherwise encumber goods subject to retention of title.
12.4 The Customer hereby grants the Seller, or a third party appointed by the Seller, unconditional and irrevocable permission to enter any premises where the goods are located and remove them whenever the Seller wishes to exercise its ownership rights.
12.5 If third parties seize goods delivered subject to retention of title or seek to establish or assert rights over them, the Customer must notify the Seller as soon as reasonably possible.
12.6 The Customer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion, water damage and theft, and to make the insurance policy available for inspection by the Seller upon first request.
13. Applicable law / competent court
13.1 All agreements are governed by Dutch law.
13.2 Disputes arising from an agreement between the Seller and the Customer that cannot be resolved amicably shall be heard by the competent court in the district of 's-Hertogenbosch, unless the Seller prefers to submit the dispute to the competent court in the Customer's place of residence, except for disputes falling within the jurisdiction of the subdistrict court.