General conditions for consumers


Article 1 - Identity of the entrepreneur
Acting under the name(s): Branderij Luijendijk

Business address:
Luijendijk Distillery
Van Weelstraat 17a
3022 ZA Rotterdam

Mail address:
VAT-nr: 200262075B01
KVK-nr: 64812383

Article 2 - Definitions

In these conditions the following terms shall have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
2. 2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. 3. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time
5. Grace period: The period within which the consumer can exercise his right of withdrawal
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
9. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.

Article 3 - Applicability

  1. These general conditions apply to any distance contract between the trader and the consumer and to any offer from the trader.
    2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If it is not possible to make the general conditions available beforehand, the entrepreneur shall indicate, before the distance contract is concluded, that the consumer may inspect the general conditions and that they will be sent free of charge as soon as possible, at the consumer's request. Also, the text of these general conditions electronically to the consumer be made available in such a way that the consumer can easily be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his/her request, either electronically or in some other way.
    3. In case certain product- or service conditions apply in addition to these general conditions, the second paragraph applies accordingly and the consumer can, in case of conflicting (general) conditions, always rely on the applicable provision that is most favorable to him/her.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
    2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or errors in the offer will not bind the entrepreneur.
    3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    - the price, including taxes
    - the possible costs of delivery;
    - the way in which the agreement will be concluded and which actions are necessary for this;
    - whether or not the right of withdrawal is applicable;
    - the method of payment, delivery or performance of the contract;
    - The period for accepting the offer, or the period for adhering to the price;
    - the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
    - if the agreement is filed after the conclusion, in what way it can be consulted by the consumer;
    - the manner in which the consumer may obtain information before the conclusion of the contract about actions which he does not want to take, as well as the manner in which he may rectify these actions before the contract is concluded;
    - Any languages other than Dutch in which the contract can be concluded;
    - the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
    - The minimum duration of the distance contract in the event of a contract for continuous or periodic delivery of products or services.

Article 5 - The agreement

The contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein, taking into account the provisions of paragraph 6 of this article.
2. The trader will immediately acknowledge receipt of electronic acceptance of the offer if the consumer has accepted the offer electronically. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data if the consumer has accepted the offer electronically. The entrepreneur will take appropriate security measures if the consumer is able to pay electronically. In this context, the entrepreneur will ensure a secure web environment.
4. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the postal address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the data included in article 4, paragraph 3, unless the trader has already provided the consumer with these prior to concluding the contract
d. the information about existing after-sales services and guarantees
e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
5. The provision in paragraph 4 only applies to the first delivery if the entrepreneur has undertaken to deliver a series of products or services;
6. 6. The Entrepreneur may, within the limits of the law, gather information about the Consumer's ability to fulfil his payment obligations, as well as about facts and factors that are important for a sound conclusion of the distance contract. 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 while giving reasons, or to attach special conditions to the implementation.

Article 6 - Right of withdrawal

For products:
1. The consumer can dissolve an agreement related to the purchase of a product during a reflection period of 30 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but he cannot oblige the consumer to state his reason(s).
2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

In the case of services and digital content which is not supplied on a tangible medium:
4. The consumer can terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium during 30 days without giving any reason. The trader may ask the consumer for the reason for his withdrawal, but may not oblige him to give his reason(s).
5. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the contract.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, he will only be charged for the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Obligations of the consumer during the reflection period

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 the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for decrease in value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the trader makes it possible for the consumer to notify his withdrawal electronically, he will send an acknowledgement of receipt of this notification without delay.
2. The trader shall reimburse all payments made by the consumer, excluding delivery or return costs, without delay but within 30 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first.

Article 10 - Exclusion of right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:
1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
2. Service contracts, after full performance of the service, but only if:
a. the execution has started with the consumer's explicit prior consent; and
b. the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;
3. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
4. Products made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products which are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
7. Products which are irrevocably mixed with other products after delivery due to their nature;
8. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
9. Newspapers, magazines or journals, with the exception of subscriptions to these;
10. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has started with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Fulfilment of agreement and additional guarantee

The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date on which the contract was concluded.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.

Article 13 - Delivery and execution

  1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
    2. The place of delivery is the address that the consumer has made known to the entrepreneur.
    3. Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders expeditiously but not later than within 30 days, unless a different delivery period was agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and entitled to any compensation.
    4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer with the amount paid without delay.
    5. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced representative of the entrepreneur, unless otherwise expressly agreed.

Article 14 - Continuing transactions: duration, termination and renewal

1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
1. A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. A contract for a definite period has a maximum duration of two years.
3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month.

Article 15 - Payment

  1. Insofar not otherwise specified in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of an agreement for the provision of a service, this period shall start on the day the consumer receives the confirmation of the agreement.
    2. When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. Where advance payment is stipulated, the consumer may not assert any rights regarding the implementation of the order or service(s) in question before the stipulated advance payment has been made.
    3. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the operator.
    4. If the consumer does not meet his payment obligation(s) on time, he shall, after being notified by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to meet his payment obligations as yet, after failing to make payment within this 14-day period, owe the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs.

Article 16 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
    2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.
    3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer time to process, the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.

Article 17 - Additional or different provisions

Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
Note: It is possible that for technical reasons wrong prices are displayed or that wrongly indicate that products are in stock. In these cases, the Entrepreneur will do everything possible to make an appropriate offer, but no rights can be derived from the incorrect system errors in addition to receiving a refund of the amount paid.
Annex I: Model withdrawal form
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)

To: Luijendijk Bakery
Van Weelstraat 17a
3022 ZA Rotterdam

I/We* hereby give notice that I/We* have decided to terminate our contract on
the sale of the following products: [product designation]*

the supply of the following digital content: [digital content designation]*

the provision of the following service: [indication of service]*,

Ordered on*/received on* [date of order for services or date of receipt for products].

Reason for revocation:

Name of consumer(s)]
Address of consumer(s)
Signature of consumer(s)] (only if this form is notified on paper)

Cross out what does not apply or fill in what applies.

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