Terms and conditions

Contents

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and performance
Article 12 – Continuing contracts: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 17 – Force majeure 
Annex – Model withdrawal form

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off 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 who enters into a distance contract with the trader;

3. Day: calendar day;

4. Continuing contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;

5. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unchanged reproduction of the stored information.

6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

7. Model form: the model withdrawal form provided by the trader, which a consumer can fill in if they wish to exercise their right of withdrawal.

8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;

9. Distance contract: a contract concluded within the framework of a system organised by the trader for the distance selling of products and/or services, where up to and including the conclusion of the contract only one or more means of distance communication are used;

10. Means of distance communication: any means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time.

11. Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Identity of the trader

Duurzaam is Broodnodig
Keulenstraat 9
7418ET Deventer, the Netherlands
Phone: +31 85 060 5715
Email: info@broodnodig.store
Chamber of Commerce (KvK) no.: 82802890
VAT no.: NL862609598B01

Article 3 – Applicability

1. These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the terms and conditions can be viewed at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible on request.

3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, on request.

4. If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

5. If one or more provisions of these terms and conditions are at any time wholly or partly void or annulled, the contract and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay, by mutual agreement, with a provision that comes as close as possible to the purpose of the original.

6. Situations not covered by these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.

7. Any uncertainty about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly in the offer.

2. The offer is without obligation. The trader is entitled to change and adjust the offer.

3. 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 trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

4. Images and specifications in the offer are intended to give an accurate impression of the products. This does not affect the consumer’s rights if a product does not conform to the contract.

5. Product images are a true representation of the products offered. The trader cannot guarantee that the colours shown match the actual colours of the products exactly.

6. Every offer contains information that makes clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

   • the price including taxes;

   • any delivery charges;

   • the way in which the contract will be concluded and which actions are required for this;

   • whether or not the right of withdrawal applies;

   • the method of payment, delivery and performance of the contract;

   • the period for accepting the offer, or the period during which the trader guarantees the price;

   • the rate for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;

   • whether the contract will be archived after it has been concluded and, if so, how the consumer can consult it;

   • the way in which the consumer can check the information provided by them in connection with the contract before concluding it and, if desired, correct it;

   • the languages in which the contract can be concluded: Dutch, German, English and French;

   • 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 case of a continuing contract.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out in it.

2. If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as the trader has not confirmed receipt of this acceptance, the consumer may cancel the contract.

3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this.

4. Within the legal framework, the trader may check whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this check, the trader has good reason not to enter into the contract, the trader is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

5. With the product or service, the trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

   • the visiting address of the trader’s establishment where the consumer can go with complaints;

   • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

   • information about guarantees and existing after-sales service;

   • the information included in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;

   • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing contract, the provision in the previous paragraph applies only to the first delivery.

7. Every contract is entered into subject to the condition precedent that the products concerned are sufficiently available.

Article 6 – Right of withdrawal

When products are delivered:

1. When buying products, the consumer has the option of cancelling the contract within 14 days without giving any reason. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.

2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

3. If the consumer wishes to exercise their right of withdrawal, they must inform the trader within 14 days of receiving the product. The consumer can do this using the model withdrawal form (see the annex to these terms and conditions) or by another unambiguous statement, for example by email to info@broodnodig.store. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example with proof of postage.

4. If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not made known that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.

When services are provided:

1. When services are provided, the consumer has the option of cancelling the contract without giving any reason for at least 14 days, starting on the day the contract is concluded.

2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest on delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, the consumer bears the direct cost of returning the goods for deliveries to Ireland, Denmark, Sweden, France and Luxembourg. For deliveries to the Netherlands, Belgium and Germany, returning the goods is free of charge for the consumer.

2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the online shop has already received the product back 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 expressly agrees to a different payment method.

3. If the product is damaged because the consumer has handled it carelessly, the consumer is liable for any reduction in the value of the product.

4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.

Article 8 – Exclusion of the right of withdrawal

1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has stated this clearly in the offer, or at least in good time before the contract is concluded.

2. The right of withdrawal can only be excluded for products:

   • that have been made by the trader in accordance with the consumer’s specifications;

   • that are clearly personal in nature;

   • that by their nature cannot be returned;

   • that can spoil or age quickly;

   • whose price is linked to fluctuations on the financial market over which the trader has no influence;

   • single newspapers and magazines;

   • audio and video recordings and computer software of which the consumer has broken the seal;

   • hygiene products of which the consumer has broken the seal.

3. The right of withdrawal can only be excluded for services:

   • relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;

   • whose delivery has begun with the consumer’s express consent before the cooling-off period has expired;

   • relating to bets and lotteries.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations on the financial market over which the trader has no influence at variable prices. This link to fluctuations, and the fact that any prices stated are target prices, will be stated in the offer. 

3. Price increases within 3 months of the contract being concluded are only permitted if they result from statutory regulations or provisions.

4. Price increases from 3 months after the contract is concluded are only permitted if the trader has stipulated this and: 

   • they result from statutory regulations or provisions; or

   • the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.

5. The prices of products or services stated in the offer include VAT.

6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to supply the product at the incorrect price. 

Article 10 – Conformity and guarantee

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.

3. Please report any defect or incorrect delivery to the trader within 2 months of discovering it. This does not affect the consumer’s 2-year legal guarantee of conformity.

4. The consumer has a 2-year legal guarantee of conformity from delivery: if a product is faulty or not as described, the consumer is entitled to have it repaired or replaced free of charge or, if that isn’t possible, to a price reduction or a refund. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The guarantee does not apply if:

   • the consumer has repaired and/or modified the products supplied or has had them repaired and/or modified by third parties;

   • the products supplied have been exposed to abnormal conditions or have otherwise been handled carelessly, or have been treated contrary to the instructions of the trader and/or the instructions on the packaging;

   • the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Commercial guarantee: 60-day money-back guarantee (deliveries to Ireland, Denmark, Sweden, France and Luxembourg). Not happy? Send your product back within 60 days of delivery – even if you’ve used it – and we’ll refund the price of the product within 14 days of receiving it. Let us know first by emailing info@broodnodig.store. You pay the return postage. The original delivery charge is only refunded if you withdraw within the statutory 14-day withdrawal period. Personalised items are excluded. This guarantee is in addition to, and does not affect, your statutory rights: your 14-day right of withdrawal and the 2-year legal guarantee of conformity.

Free returns (deliveries to the Netherlands, Belgium and Germany). Free returns are possible within 60 days of receiving your order, under the conditions on our Delivery & returns page. Personalised items are excluded from free returns and from the right of withdrawal; your legal rights for faulty items remain.

Article 11 – Delivery and performance

1. The trader will take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of paragraph 4 of this article, the company will carry out accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge. The consumer is not entitled to compensation. 

4. The delivery times stated are estimates. If delivery takes longer than 30 days, paragraph 3 of this article applies.

5. In the event of cancellation in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

6. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. At the latest on delivery, it will be stated clearly and understandably that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be borne by the trader.

7. The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing contracts: duration, termination and renewal

Termination

1. The consumer may terminate a contract entered into for an indefinite period for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate a contract entered into for a fixed period for the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the contracts referred to in the previous paragraphs:

   • at any time, without being limited to termination at a specific time or in a specific period;

   • at least in the same way as they were entered into;

   • always with the same notice period as the trader has stipulated for itself.

Renewal

1. A contract entered into for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

2. Notwithstanding the previous paragraph, a contract entered into for a fixed period for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, provided the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

3. A contract entered into for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or a notice period of no more than three months if the contract concerns the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.

4. A contract with a limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

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

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

2. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.

3. In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

2. Complaints about the performance of the contract must be submitted to the trader in full and clearly described within 2 months after the consumer has discovered the defects.

3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

5. In the event of a complaint, a consumer should first contact the trader. If the online shop is affiliated with Stichting WebwinkelKeur, and in the case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option of having their complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding, and both the trader and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs, which must be paid by the consumer to the committee concerned.

6. A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.

7. If the trader finds a complaint to be justified, the consumer can choose to have the products supplied repaired or replaced free of charge; if neither is possible, the consumer is entitled to a price reduction or a refund.

Article 15 – Disputes

1. Contracts between the trader and the consumer to which these terms and conditions apply are governed by Dutch law. This choice of law does not deprive the consumer of the protection of the mandatory provisions of the law of their country of residence.

2. The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or different provisions

Additional provisions or provisions that differ from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 17 – Force majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by BROODNODIG to fulfil any obligations towards the customer cannot be attributed to BROODNODIG in a situation beyond BROODNODIG’s control that wholly or partly prevents it from fulfilling its obligations towards the customer, or as a result of which BROODNODIG cannot reasonably be expected to fulfil its obligations.

2. The force majeure situations referred to in paragraph 1 also include – but are not limited to – states of emergency (such as civil war, uprising, riots, natural disasters, etc.); failure to perform and force majeure on the part of suppliers, couriers or other third parties; unexpected power, electricity, internet, computer and telecoms failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

3. In a force majeure situation, BROODNODIG owes no compensation of any kind, even if it gains some advantage as a result of the force majeure situation.

Annex – Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Duurzaam is Broodnodig, Keulenstraat 9, 7418 ET Deventer, the Netherlands, info@broodnodig.store

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

Ordered on (*)/received on (*):

Order number:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

The terms and conditions and other policy pages have been drawn up in accordance with the rules of Stichting WebwinkelKeur.

Would you like to know whether this online shop has a membership and an active trust mark? Go to:

 https://www.webwinkelkeur.nl/ledenlijst/