General Terms and Conditions

Article 1 – Identity of the entrepreneur

Name: De Steurhoeve, Kaviaarkopen

Business address: Holterweg 61 7245 SL Laren Gld.

Phone number: 06-12099530 / 06-41142597

Email address: [email protected]

Chamber of Commerce (KvK) number: 98639307

VAT identification number: NL868580041B01

Article 2 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded 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, the entrepreneur will indicate, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon 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 general 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 data carrier. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
4. In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

Article 3 – 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 offered, both physical and digital, and/or services. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the manner 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 within which the entrepreneur guarantees the price;
• whether the contract will be archived after its conclusion and, if so, how the consumer can consult it;
• the way in which the consumer, before concluding the contract, can check the data they have provided in the context of the contract and correct it if desired;

Article 4 – 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 therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur 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 entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may, within the legal framework, inform themselves whether the consumer is able to meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
6. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
7. 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;
8. information about guarantees and existing after-sales service;
9. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the contract;
10. application to the first delivery.

Article 5 – Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of seven days. This cooling-off period starts on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
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 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. Food products cannot be returned, unless the packaging was not in proper condition upon delivery/receipt. This must be reported as soon as possible, but in any case within 6 hours of delivery, by email: [email protected]. The product must also be returned within 24 hours of delivery.

^{Article 6 – Costs in case of withdrawal}

1. If the consumer exercises their right of withdrawal, no more than the costs of return shipping will be borne by the consumer.
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 return or withdrawal.

Article 7 – Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products: that have been made by the entrepreneur in accordance with the consumer's specifications; that by their nature cannot be returned; that can spoil or age quickly or require refrigeration;
3. Exclusion of the right of withdrawal is only possible for services:

Article 8 – 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 entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
5. they result from statutory regulations or provisions; or
6. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.
8. If no clear period of validity is stated, the entrepreneur reserves the right to increase or decrease the price at any time.

Article 9 – Conformity and guarantee

1. The entrepreneur 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 was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.

Article 10 – Delivery and performance

1. The entrepreneur will exercise the greatest possible care when receiving and executing 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 what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 7 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 2 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
5. If physical products are purchased, the consumer pays the shipping and packaging costs; however, if the consumer orders more than EUR 500 per order, the entrepreneur pays the shipping costs. Shipping and packaging costs within the Netherlands, with the exception of the Wadden Islands, amount to €15. Your parcel will normally be delivered the next day. You will receive a track and trace code for this, if in stock. Delivery takes place on working days. This only applies to shipments within the Netherlands. For shipments outside the Netherlands, the shipping and packaging costs are always borne by the consumer and shipping costs vary per country.
6. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
7. If the packaging or a product is damaged upon receipt by the consumer, the consumer must report this to Kaviaarkopen within 6 hours of delivery. Kaviaarkopen may ask the consumer for a photo of the packaging. In mutual consultation, the damaged parcel or product must be returned to Kaviaarkopen within 24 hours. The amount paid for the damaged product will be refunded to the consumer within 14 days of its return or offset against a subsequent order. The costs of returning are borne by Kaviaarkopen.

Article 11 – Payment

1. The consumer must pay amounts due in advance by prepayment or via iDEAL, if available, or in cash upon collection, or, if otherwise agreed, within 7 days after the start of the cooling-off period referred to in article 6 paragraph 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 payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 12 – Complaints procedure

1. The entrepreneur 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 entrepreneur, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. Email your complaint to: [email protected]. If a complaint requires a foreseeably longer processing time, the entrepreneur 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 settlement procedure.

Article 13 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 14 – Additional or deviating provisions

1. Services – If the entrepreneur falls ill or cancels a guided tour for any other reason, and the amount for the tour has already been paid in advance by the consumer, the entrepreneur will refund the amount paid for this service to the consumer within 7 days of cancellation, unless otherwise agreed between the consumer and the entrepreneur.
2. All perishable products may only be returned with closed/intact packaging. Returns must take place within 24 hours of receipt by the consumer.
3. If, at the intended time of delivery by the courier, neither the consumer nor a person designated by them is present at the delivery address, or the consumer or the aforementioned designated person cannot or will not accept the parcel, the entrepreneur no longer guarantees the correct temperature of the contents of the packaging from that moment onwards. In such a case, the courier will, if possible, leave the parcel with the neighbours. You will receive an email about this asking you to get in touch. Should no one be home at the neighbours either, or should leaving the order with the neighbours not be possible for any other reason, the parcel will be returned.
4. The consumer must check the products immediately upon receipt. If the consumer receives the products in poor condition or receives products that do not meet the quality requirements that may reasonably be expected of them, we ask the consumer to notify us immediately, and in any case no later than six hours after receipt. For this, the consumer can contact our customer service. Our customer service will ensure that the complaint is handled as well and as quickly as possible. Complaints can also be sent to the email address of Kaviaarkopen as stated in article 1 of these general terms and conditions, or submitted at the visiting address as stated in article 1 of these general terms and conditions.
5. Goods whose packaging has not been opened and which can be considered resaleable may be returned to Kaviaarkopen within 7 days of receipt without giving reasons. The consumer is then entitled to a refund of the purchase price. The shipping costs for returning/exchanging items are borne by the consumer. This right of return does not apply to purchases of goods that: have been made in accordance with the consumer's specifications (custom-made), by their nature cannot be returned, can spoil or age quickly and/or require refrigeration.

Article 15 – Processing of personal data

1. If and insofar as personal data of the Customer is processed, this processing only serves to:
2. perform and fulfil the Contract;
3. inform the Customer about deliveries;
4. subject to the limitation set out in the following paragraph, inform the Customer about (new) products and services of De Steurhoeve Caviar.
5. For sending commercial communications electronically to Customers (such as, but not limited to, email newsletters and text messages) as referred to under c of the previous paragraph, the Customer's consent is requested by means of these general terms and conditions during the Ordering Procedure of De Steurhoeve Caviar, and De Steurhoeve Caviar will only send these communications if the Customer has given this consent.
6. The Customer is entitled at any time to inspect their personal data free of charge and, if desired, to have De Steurhoeve Caviar correct this data in case of inaccuracies.