GENERAL TERMS AND CONDITIONS, PURCHASE AND DELIVERY AGREEMENT
I IN GENERAL
1.1 These General Terms and Conditions shall apply to all transactions and the execution thereof, whereby the transaction is set via Cooklikeachef.nl/.be/.com, which functions as Seller with respect to a purchasing customer (Buyer).
1.2 Cooklikeachef.nl/.be/.com is a subsidiary of Cook Like a Chef BV, whose main offices are based at Baarsjesweg 208-sous, 1057 HT, Amsterdam.
1.3 Cooklikeachef.nl/.be/.com offers services via the website having to do with the sale and delivery of quality foods and related articles throughout the Netherlands, with the exception of the Wadden Sea Islands (Texel: yes!).
1.4 The applicability of the Customer's (Buyer's) general terms and conditions, in any form or terms, is hereby explicitly rejected and will have no bearing on the transaction, unless such terms and conditions, or parts thereof, are agreed upon by the Seller, in writing.
1.5 Any stipulations deviating from these General Terms and Conditions shall only apply in the event that and insofar as they have been accepted by the Seller in writing.
1.6 Cooklikeachef.nl/.be/.com reserves the right, at our sole discretion, to alter and/or modify these General Terms and Conditions at any time.
2.1 In these Terms and Conditions, the term "Buyer" refers to the entity purchasing the goods, i.e., the counter party to the Seller (Cook Like a Chef BV), including any successors thereof, and any individual, corporate or unincorporated body, entering into a transaction with Cook Like a Chef BV via the Website;
2.2 The term "Website" refers to the Cooklikeachef.nl/.be/.com website with URL http://www.cooklikeachef.nl/.be/.com
2.3 The term "Order" refers to the goods specified in the pertinent transaction agreement (contract) between the Buyer and Cook Like a Chef BV.
III Special Offers and Promotions
3.1 Special offers and/or price quotations via the Website should be regarded as invitations to Potential Buyers to make an offer. Cooklikeachef.nl/.be/.com is in no way bound to such offers or quotations, not to any offer on the part of the Potential Buyers, unless this has been recorded, unambiguously, in writing. The acceptance of an invitation to make an offer by the Potential Buyer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article are met.
3.2 An offer by the potential Buyer as referred to in Article 3.1 shall be deemed to have been made in one of the following circumstances; The potential Buyer has entered the data in full on the appropriate input screen of the Website and electronically sent the relevant data to Cooklikeachef.nl/.be/.com. This information has been received by Cooklikeachef.nl/.be/.com; or Cooklikeachef.nl/.be/.com has issued a personalized quote to the potential Buyer, which quotation has been agreed in writing by the potential Buyer.
3.3 An agreement is concluded at the time that an order confirmation is handed over to the Buyer or, in case the offer has been made via the Website, has been sent by e-mail to the e-mail address specified by the Buyer. This agreement can be revoked by Cooklikeachef.nl/.be/.com in the event that the Buyer does not meet the conditions set by Cooklikeachef.nl/.be/.com or if it appears at any time that the Buyer has failed to comply with the terms and conditions in the past.
3.4 All prices are expressed in Euros, in accordance with the relevant legal requirements, and include sales tax. The Buyer owes the price that Cooklikeachef.nl/.be/.com has communicated to it in its confirmation in accordance with Article 2.3 of these conditions. One of the conditions mentioned in 3.3 is that the purchase price is due in advance. Cooklikeachef.nl/.be/.com will not deliver any products as long as payment has not been made. Payments can be made via IDEAL or Creditcard.
3.5 Information, images, verbal announcements, statements relating to all offers and the most important characteristics of the products that are provided in any way by Cooklikeachef.nl/.be/.com via the Website are provided and executed as accurately as possible. Cooklikeachef.nl/.be/.com cannot guarantee that all offers and products are fully in accordance with the information provided. Deviations cannot be grounds and/or cause for compensation and/or dissolution.
3.6 Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, may also be corrected by Cooklikeachef.nl/.be/.com after the conclusion of the agreement. Special offers are only valid as long as stocks last.
3.7 Order costs may be charged depending on the order size expressed in Euros. These are expressed in the total amount payable including sales tax.
3.8 It may happen that on the day of delivery the ordered products are not in stock. The Seller will make this known to the customer one day prior to delivery via the telephone number entered in the agreement or via the e-mail address. In this case two situations can arise; the non-delivery of the goods means there are no products left in the delivery, at that time the Buyer is entitled to a refund of the amount of the agreement including order costs. In the second case, the same applies to article 4.6 of these general terms and conditions and the Buyer is entitled to a refund of the value of the missing goods stated in the agreement.
3.9 If an agreement has been concluded in accordance with article 3.3, the Buyer can no longer change or cancel an order.
3.10 The additional ordering of new products always leads to a new order with the applicable order costs. This also applies in the case of replacement orders that are the result of events mentioned in article 3.8.
3.11 The reflection period as referred to in Section 7: 46d (1) of the Dutch Civil Code does not apply, since it concerns materials that can quickly deteriorate or become obsolete, as referred to in Section 7: 46d (4) of the Dutch Civil Code.
IV Delivery and Delivery Time
4.1 Orders are delivered by Cooklikeachef.nl/.be/.com to the address entered by the Buyer in the agreement, within the delivery radius of Cooklikeachef.nl/.be/.com.
4.2 If the Buyer's order is placed before noon, the desired delivery can take place 2 days later.
4.3 One day before delivery at approximately 4:00 pm an e-mail is sent notifying the Buyer of the delivery block during which the order will be delivered. A block is a three-hour period specified in the notification.
4.4 The delivery time assigned by Cooklikeachef.nl/.be/.com functions as an indication of delivery time; no rights may be derived from this time indication.
4.5 About half an hour before the driver of Cooklikeachef.nl/.be/.com will arrive at the address, s/he will contact the Buyer via the telephone number indicated in the agreement.
4.6 Immediately after receipt the Buyer must check the products. Any differences observed with respect to the order must be reported directly to the driver. The driver will make a note on the delivery form and initial it. The Seller is then entitled to a refund of the value of the missing quantities/products mentioned in the agreement.
4.7 If, at the intended moment of delivery by the driver, neither the Buyer nor a person designated by the Buyer is present at the delivery address, or if either the Buyer or the designated person as mentioned above cannot or does not want to receive the package, then Cooklikeachef.nl/.be/.com can no longer guarantee the proper temperature of the contents of the packaging from that moment on. In such a case, the Driver will, if possible, deliver the package to a next-door neighbour or a neighbour across the road, and otherwise the Driver will take the order back. In such cases, the driver will leave a note in your mailbox.
4.8 If the Driver takes the order back with him/her, then the Buyer is offered the opportunity to pick up the order at the business address of Cooklikeachef.nl/.be/.com. The Buyer can do this within a period of 3 days, during the opening hours of Cooklikeachef.nl/.be/.com. Thereafter all claims of the Buyer with regard to the agreement, including the right to a refund of the amount paid by the Buyer, lapse.
V Force Majeure
5.1 The Seller is entitled, without being in default, to suspend the delivery of the goods bought by the Buyer, if as a direct or indirect consequence of one or more causes stated in article 5.3 -- irrespective of whether these might have been foreseen at the time of concluding the agreement -- the items cannot reasonably be delivered or cannot be delivered on time.
5.2 If one or more of the causes stated in Article 8.3 occur, the Seller may require the Buyer to choose between delivery on another day or cancellation of the agreement.
5.3 Force majeure on the part of the Seller occurs if the Seller, after the conclusion of the purchase agreement, is prevented from fulfilling the obligations recorded in the agreement or the preparation thereof due to, among other things, war, danger of war, civil war, riots, terrorist attacks, rebellion, strike, company sit-in or occupation of premises, lock-out, foreclosure, fire, environmental and water damage, flooding, government measures including import and export measures, extreme weather conditions, supply or supply failure of raw and auxiliary materials, failures in the supply of energy and supplies, breach of contract by a supplier from whom the Seller purchases goods, defects in machines and installations including cooling installations, defects in means of transport, transport impediments, disruptions in a (telecommunication) network or connection or used communication systems and/or the unavailability of the Website at any time, and furthermore all other causes occurring outside the fault or the risk sphere of the Seller.
5.4 If, due to force majeure as referred to in Article 5.3, the delivery cannot take place on the desired day, the agreement will be considered dissolved. The Buyer is then entitled to compensation of the amount paid by him on the basis of the dissolved agreement.
6.1 If the Buyer receives products in poor condition or receives products that do not meet the quality requirements that may be expected for the products, we request the Buyer to inform us immediately and in any case within six hours of receipt. For this the Buyer can contact our customer service via cooklikeachef.nl/.be/.com, or via the telephone number 06 --- --- --. Our customer service ensures that the complaint will be handled to the highest standard possible, and quickly. Complaints can also be sent to the postal address of Cooklikeachef.nl/.be/.com as shown in article 1 of these general terms and conditions, or made known to the main address as stated in article 1 of these general terms and conditions.
6.2 If the driver is still present when the defect is detected, a sample of the product will be taken back for examination.
6.3 The Buyer is obliged to hold any questionable products at the disposal of the Seller for a reasonable period of time, in any case for 5 days, and to exercise all due care that may reasonably be required to maintain the quality of the products at the time of delivery. The Seller may desire to arrange a time to collect the product for purposes of examination.
6.4 If the Seller declares the complaint well-founded, the Buyer is entitled to a refund of the value of the goods referred to in the complaint, as stated in the agreement.
6.5 Other complaints regarding services can be reported to Cooklikeachef.nl/.be/.com via the e-mail address or telephone. In accordance with article 7 complaints can never lead to financial compensation.
6.6 Return shipments by the Buyer are only permitted if the Seller has expressly granted prior written permission.
7.1 Cooklikeachef.nl/.be/.com is never liable for any indirect damage effected by the Buyer or third parties, including consequential damage, trading loss, delay damage, loss of profit or injury, or any (other) indirect damage, for whatever reason and regardless of who has suffered.
7.2 The Purchaser indemnifies Cooklikeachef.nl/.be/.com against all claims from third parties, for whatever reason, with regard to compensation for damage, costs and/or interest caused by, incident to or in any way related with the goods delivered by us casu quo our execution of the transaction.
7.3 If the Seller is held liable by the Buyer for a faulty delivery, the compensation to be paid by the Seller shall be limited to the amount of the purchase price of the delivered goods.
7.4 The Seller accepts no liability for direct or indirect damage suffered by the Buyer as a result of the fact that the delivered goods display or have a defect, unless the Buyer proves that there is intent or deliberate recklessness on the part of the Seller or that the Buyer proves that the Seller was aware of the defect and that the Buyer can specify and show evidence of the damage costs.
VIII Personal data
IX Applicable law
9.1 Only Dutch law applies to all agreements between the Buyer and the Seller.
9.2 The "Uniform Law on the International Sale of Movable Property", the "Uniform Law on the Establishment of Contracts for the International Sale of Goods" and the "1980 Vienna Convention on the International Sale of Goods" as well as any current or future international regulations regarding the purchase of movable tangible property, the operation of which can be excluded by the parties, are hereby expressly excluded.
10.1 Any dispute arising from the agreement, or further agreements, concluded between the Seller and the Buyer, including collection of a claim, can only be subject to the judgment of the competent Dutch court in the District Court of Utrecht, with the exception of those disputes. which belong to the jurisdiction of the Subdistrict Court.
10.2 The explanation in accordance with the Dutch version of these general terms and conditions is binding.
Cook like A Chef BV
1057 HT Amsterdam
+31 6 53 72 30 87