General Terms and Conditions

General Terms and Conditions

On this page you will find the General Terms and Conditions of BARFmenu B.V. Use the table of contents below to go directly to an article.

Table of contents

Article 1 - Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may 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 agreement with the trader;
3. Day: calendar day;
4. Continuing agreement: a distance agreement relating to a series of products and/or services for which the obligation to supply and/or purchase is spread over time;
5. Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
7. Model form: the model withdrawal form made available by the trader, which the consumer may complete when 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 agreement: an agreement whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the agreement;
10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader being present in the same place at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

1. These General Terms and Conditions apply to every offer made by the trader and to every distance agreement concluded and every order placed between the trader and the consumer.
2. Before the distance agreement is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded it will be indicated that the General Terms and Conditions can be inspected at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
3. If the distance agreement is concluded electronically, notwithstanding the preceding paragraph and before the distance agreement 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 them on a durable medium. If this is not reasonably possible, before the distance agreement is concluded it will be indicated where the General Terms and Conditions can be consulted electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. If, 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 event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
5. If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these conditions will otherwise remain in force and the provision concerned will immediately be replaced by mutual agreement with a provision that approximates the purpose of the original provision as closely as possible.
6. Situations not covered by these General Terms and Conditions must be assessed in accordance with the spirit of these General Terms and Conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of these conditions must be interpreted in accordance with the spirit of these General 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 expressly stated in the offer.
2. The offer is non-binding. The trader is entitled to amend 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 truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
6. 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;
• any shipping costs;
• the manner in which the agreement will be concluded and the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the agreement;
• the period for accepting the offer or the period during which the trader guarantees the price;
• the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement will be archived after its conclusion and, if so, how the consumer can consult it;
• the way in which the consumer can check and, if desired, correct the information provided by them in connection with the agreement before concluding the agreement;
• any other languages in which, in addition to Dutch, the agreement may 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 agreement in the event of a continuing agreement.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions stipulated therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.
3. If the agreement 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 purpose.
4. The trader may, within the limits of the law, investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled, stating reasons, to refuse an order or request or to attach special conditions to its performance.
5. The trader will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
6. the visiting address of the trader's establishment where the consumer can submit complaints;
7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. information about warranties and existing after-sales service;
9. the information included in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before performance of the agreement;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the case of a continuing agreement, the provision in the preceding paragraph applies only to the first delivery.
12. Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

For the delivery of products

1. When purchasing products, the consumer has the option to withdraw from the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after the product has been received by the consumer or by a representative designated in advance by the consumer and made known to the trader.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the 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 the right of withdrawal, they are obliged to notify the trader within 14 days after receiving the product. The consumer must give this notification using the model form. After the consumer has indicated that they wish to exercise the right of withdrawal, the product must be returned within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise the right of withdrawal or has not returned the product to the trader, the purchase is final.

For the provision of services

5. For the provision of services, the consumer has the option to withdraw from the agreement without giving reasons for at least 14 days, commencing on the day the agreement is concluded.
6. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or no later than upon provision of the service.

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises the right of withdrawal, at most the costs of returning the goods will be borne by 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 withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return has been provided. The refund will be made using the same payment method used by the consumer unless the consumer expressly agrees to another payment method.
3. If the product is damaged as a result of careless handling by the consumer, 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 failed to provide all legally required information concerning the right of withdrawal; this information must be provided before the purchase agreement 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 applies only if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been produced by the trader in accordance with the consumer's specifications;
4. that are clearly personal in nature;
5. that by their nature cannot be returned;
6. that can spoil or become obsolete quickly;
7. whose price is subject to fluctuations in the financial market over which the trader has no influence;
8. for individual newspapers and magazines;
9. for audio and video recordings and computer software where the consumer has broken the seal.
10. for hygienic products where the consumer has broken the seal.
11. Exclusion of the right of withdrawal is only possible for services:
12. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
13. whose performance has begun with the consumer's express consent before the cooling-off period has expired;
14. relating to betting 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 preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader 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 agreement is concluded are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement is concluded are only permitted if the trader has stipulated this and:
5. they result from statutory regulations or provisions; or
6. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices of products or services stated in the offer include VAT.
8. 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 warranty

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
4. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
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 trader's instructions and/or the instructions on the packaging;
• The defect is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The trader will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing 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 of paragraph 4 of this article, the company will fulfil accepted orders with due speed 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 fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of termination 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 termination.
6. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. No later than at the time of delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the trader.
7. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing agreements: duration, termination and renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular supply 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 an agreement entered into for a fixed period and which provides for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the preceding paragraphs:

• at any time and may not be restricted to termination at a specific time or during a specific period;
• at least in the same manner as they were entered into by the consumer;
• always with the same notice period as the trader has stipulated for itself.

Renewal

4. An agreement entered into for a fixed period and which provides for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, an agreement entered into for a fixed period and which provides for the regular supply of daily newspapers, news publications, weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed period and which provides for the regular supply 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, and with a notice period of no more than three months if the agreement provides for the regular, but less than monthly, supply of daily newspapers, news publications, weekly newspapers and magazines.
7. An agreement of limited duration for the regular introductory supply of daily newspapers, news publications, weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration

8. If an agreement has a duration of more than one year, after one year the consumer may terminate the agreement at any time 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 commencement of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the trader.
3. In the event of non-payment by the consumer, the trader has, subject to statutory restrictions, the right to charge reasonable costs that were 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 concerning the performance of the agreement must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that may be submitted to the dispute resolution procedure.

5. In the event of complaints, the consumer must first contact the trader. If a complaint cannot be resolved by mutual agreement, the consumer has the option of submitting the dispute to an independent disputes committee. The decision of this disputes committee is binding, and both the trader and the consumer agree to this binding decision.

   Submitting a dispute to the disputes committee involves costs that must be paid by the consumer to the relevant committee.

6. A complaint does not suspend the trader's obligations unless the trader indicates otherwise in writing.
7. If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Agreements between the trader and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions that deviate from these General Terms and Conditions may 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 medium.