General Terms and Conditions - Cooking and Living

Table of Contents

1. Article 1 - Definitions
2. Article 2 - Identity of the entrepreneur
3. Article 3 - Applicability
4. Article 4 - The Offer
5. Article 5 - The Agreement
6. Article 6 - Right of Withdrawal
7. Article 7 - Costs in case of revocation
8. Article 8 - Exclusion of the right of withdrawal
9. Article 9 - The Price
10. Article 10 - Conformity and Warranty
11. Article 11 - Delivery and Execution
12. Article 12 - Duration Transactions: Duration, Termination, and Renewal
13. Article 13 - Payment
14. Article 14 - Complaints Procedure
15. Article 15 - Disputes
16. Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

1. Reflection period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Hello, calendar day;
4. Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
5. Sustainable data carrier: "any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows for future consultation and unchanged reproduction of the stored information;"
6. Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur provides and that a consumer can fill out when they want to exercise their right of withdrawal;
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
9. Distance contract: an agreement in which, as part of a system organized by the entrepreneur for the remote sale of products and/or services, exclusively one or more techniques for remote communication are used up to and including the conclusion of the agreement;
10. Technology for remote communication: a means that can be used for concluding an agreement without the consumer and the entrepreneur being present in the same space at the same time;
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Cooking and Living
Dijkstraat 68
9901AV Appingedam
Phone number: 06-54352192
Email address: info@kokenenwonen.nl
Chamber of Commerce number: 89752260
VAT identification number: NL865092217B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically before the distance contract is concluded and that they will be sent free of charge electronically or in another manner at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the case of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or annulled, the agreement and these terms and conditions will remain otherwise in effect, and the relevant provision will be replaced without delay by a provision that approximates the intent of the original as closely as possible through mutual consultation.
6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Apparent mistakes or evident errors in the offer do not bind the entrepreneur.
4. All images and specification data in the offer are indicative and cannot give rise to any compensation or dissolution of the agreement.
5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This specifically concerns:

• the price including taxes;
• the possible shipping costs;
• the manner in which the agreement will be established and the actions required for it;
• the applicability or non-applicability of the right of withdrawal;
• the method of payment, delivery, and execution of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the rate for remote communication if the costs of using the remote communication technology are calculated on a different basis than the regular base rate for the communication medium used;
• whether the agreement will be archived after its conclusion, and if so, in what manner it can be accessed by the consumer;
• the manner in which the consumer, before concluding the agreement, can review the data provided by him within the framework of the agreement and, if desired, correct it;
• the possible other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a term transaction.

Article 5 - The Agreement

1. The agreement is established, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur shall observe appropriate security measures for this purpose.
4. The entrepreneur may - within legal frameworks - ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution.
5. The entrepreneur shall provide the consumer with the following information, either in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium, accompanying the product or service:

• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information about warranties and existing after-sales service;
• The information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

Article 6 - Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without providing any reason within 14 days. This reflection period starts the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product along with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must notify the entrepreneur by using the model form or through another means of communication, such as email. After the consumer has indicated their intention to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by using a proof of shipment.
4. If the customer has not indicated that they wish to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

Upon delivery of services:

1. When services are provided, the consumer has the option to cancel the agreement without giving any reason for at least 14 days, starting from the day the agreement was made.
2. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in case of revocation

1. If the consumer makes use of their right of withdrawal, at most the costs of returning the goods will be their responsibility.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the revocation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method that the consumer used, unless the consumer explicitly agrees to a different payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is responsible for any depreciation of the product.
4. The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal. This must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the right of withdrawal for the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• which have been created by the entrepreneur in accordance with the specifications of the consumer;
• that are clearly personal in nature;
• "which by their nature cannot be returned;"
• "that can spoil or age quickly;"
• "the price of which is subject to fluctuations in the financial market that are beyond the entrepreneur's control;"
• for individual newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal;
• for hygienic products where the consumer has broken the seal.

• regarding accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a certain period;
• "of which the delivery has commenced with the express consent of the consumer before the cooling-off period has expired;"
• regarding bets and lotteries.

Article 9 - The Price

1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. In deviation from the previous clause, the entrepreneur may offer products or services with variable prices if their prices are tied to fluctuations in the financial market and the entrepreneur has no influence over them. This susceptibility to fluctuations and the fact that any mentioned prices are indicative prices will be stated in the offer.
3. Price increases within 3 months after the formation of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases starting from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• this may be the result of legal regulations or provisions; or
• the consumer has the authority to terminate the agreement starting from the day the price increase takes effect.

Article 10 - Conformity and Warranty

1. The entrepreneur 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 existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. All products are subject to the legal warranty. The duration of the legal warranty may vary depending on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
5. The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
• the defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when evaluating requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions mentioned in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled either in whole or in part, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to any contractual compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to contractual compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute item. At the latest upon delivery, it will be clearly and understandably communicated that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment will be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a specific period and that involves the regular delivery of products (including electricity) or services, at any time at the end of the specified period, subject to the agreed upon termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous sections:

• It can be terminated at any time and should not be restricted to termination at a specific time or within a certain period.
• at least terminate in the same manner as they were entered into by him;
• "always terminate with the same notice period that the entrepreneur has stipulated for themselves."

Extension

1. An agreement that is entered into for a fixed period and is intended for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specified duration.
2. Notwithstanding the previous paragraph, a fixed-term contract that is established for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specified period of up to three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a fixed period and involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
2. The consumer is obligated to promptly report any inaccuracies in the provided or stated payment information to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer the reasonable costs that were communicated to them in advance.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer should first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact WebwinkelKeur.www.webwinkelkeur.nl), this one will mediate for free. Check if this online store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has not been reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform.http://ec.europa.eu/odrIt seems like your message was cut off or only contained a punctuation mark. Could you please provide the complete text you would like translated?
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This applies even if the consumer resides abroad.
2. The Vienna Convention is not applicable.

Article 16 - Additional or Deviating Provisions

1. Additional or deviating provisions from these general terms and conditions must 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 data carrier.