TERMS & CONDITIONS, GENERAL
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaints procedure
Article 14 - Disputes
Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions apply:
1. Atelier Giri: Atelier Giri is the trade name of Maison Giri. Atelier Giri is responsible for the consumer webshops of Atelier Giri.
2. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Atelier Giri;
3. Day: calendar day;
4. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or trader to store information addressed to him personally 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 contract within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal;
8. Distance Contract: an agreement in which, within the framework of a system for distance selling of products and/or services organised by Atelier Giri, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
9. Distance communication technique: means that can be used to conclude a contract without the consumer and entrepreneur having come together in the same room at the same time;
Article 2 - Identity of the entrepreneur
Atelier Giri
Klingelbeek 60
6812 EA Arnhem
The Netherlands
E-mail address: info@ateliergiri.com
Chamber of Commerce number: 61783366
VAT identification number: NL002480447B18
Article 3 - Applicability
1. These general terms and conditions apply to all offers made by Atelier Giri and to all distance contracts concluded and to all services between Atelier Giri and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at Atelier Giri and that the general terms and conditions will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium before the distance contract is concluded. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be taken cognizance of electronically and that they will be sent free of charge at the consumer's request by electronic means or by other means.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced immediately by a provision that approximates the purport of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in accordance with the spirit' of these general terms and conditions.
7. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
8. Atelier Giri reserves the right to amend and/or supplement the General Terms and Conditions.
9. By using the websites of Atelier Giri and/or placing an order, the parties accept these General Terms and Conditions as well as all other rights and obligations as stated on the website.
10. Atelier Giri is authorised to make use of third parties in the execution of an agreement with consumers.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. Atelier Giri is entitled to change and adapt the offer.
3. Each offer shall contain information in such a way that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the cost of shipping, if any;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the level of the tariff for distance communication if the costs of the use of the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement is archived after its conclusion and, if so, on which it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him within the framework of the contract;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which Cavesco Business Services has submitted and the way in which the consumer can consult these codes of conduct by electronic means; and
the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set thereby.
2. If the consumer has accepted the offer by electronic means, Atelier Giri will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the agreement of this acceptance has not been confirmed by Atelier Giri, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Atelier Giri will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end.
4. Atelier Giri can - within legal frameworks - find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Atelier Giri has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution.
5. Atelier Giri will send the following information to the consumer 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 data carrier:
the visiting address of the branch of Atelier Giri where the consumer can go with complaints;
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;
the information about warranties and existing after-sales service;
the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first supply.
7. Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 - Right
of withdrawal upon delivery of products:
1. 1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative appointed 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. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur 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 entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return will be borne by him at most.
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 withdrawal. However, this is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer, unless the consumer expressly gives permission for a different payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of the right
of withdrawal 1. 1. Atelier Giri can 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 entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion from the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the specifications of the consumer;
which are clearly personal in nature;
which, by their nature, cannot be returned;
which can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software that the consumer has unsealed.
for hygienic products where the seal has been broken by the consumer.
In view of the perishability of the chocolate products and the hygiene regulations in force, the customer cannot invoke the right of withdrawal and chocolate products cannot be returned.
3. Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, catering or leisure activities on a specific date or during a specified period;
the delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired;
concerning 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 due to changes in VAT rates.
2. The prices mentioned in the offer of products or services are inclusive of VAT.
3. The consumer is liable to pay the price communicated by Atelier Giri in its confirmation. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Atelier Giri after the conclusion of the agreement.
4. Delivery costs will be charged for the consumer if the order is lower than € 50.00. Special rates apply for delivery outside the Netherlands.
5. Special offers are only valid while stocks last.
6. If the prices for the products and services offered increase in the period between the order and its execution, the parties may cancel the order or dissolve the agreement within 10 days after notification of the price increase by Atelier Giri.
Article 10 - Conformity and Warranty
1. Atelier Giri guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Atelier Giri also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by Atelier Giri, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.
4. The warranty period of Atelier Giri corresponds to the manufacturer's warranty period. However, Atelier Giri 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 warranty does not apply if:
the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
6. Atelier Giri is never obliged to pay any compensation to the consumer or others, unless there is intent or gross negligence on its part. Atelier Giri does not accept any liability for consequential or trading damage, indirect damage and loss of profit or turnover.
7. If, for whatever reason, Atelier Giri is obliged to compensate any damage, such compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
8. It is possible that Atelier Giri includes links on its website to other internet sites that may be of interest or informative to the visitor. Such links are for information purposes only. Atelier Giri is not responsible for the content of the website to which reference is made or its use.
9. Demonstrators may be subject to a reduced warranty.
10. If investigation costs are incurred to find out a defect of the product or part of the product, which is excluded from warranty, these costs are always at the expense of the consumer. Atelier Giri strives to notify you of this in advance. Failure to provide this notification does not relieve the Buyer of the obligation to pay these costs.
11. If costs are involved in repairing a defect, the consumer will be informed. If the consumer does not explicitly agree to the cost statement in writing, the consumer can receive the property back against payment of the investigation costs. If the consumer has not paid these research costs 6 months after offering the cost estimate, the ownership of the product will lapse to Atelier Giri.
Article 11 - Delivery and execution
1. 1. Atelier Giri will take the greatest possible care in the receipt and execution of orders for products.
2. The place of delivery shall be the address which the consumer has made known to the business.
3. With due observance of what is stated in paragraph 4 of this article, Atelier Giri will execute accepted orders with due diligence (orders placed before 16:00 will be tried to be shipped the same day) but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any of the aforementioned deadlines. Exceeding a time limit does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
7. The risk of damage 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 explicitly agreed otherwise.
8. As soon as the products to be delivered have been delivered to the specified delivery address, the risk is transferred to the consumer in the case of these products.
9. Different conditions may apply to deliveries abroad.
10. If the delivery is made in parts, Atelier Giri has the right to consider
each delivery as a separate transaction 11. In case of temperatures or predicted temperatures higher than 22 degrees Celsius, Atelier Giri will only carry out deliveries of chocolate and mochi products that may spoil at those temperatures at the recipient's own risk or with a guarantee, subject to payment of the costs for refrigerated transport. Regular deliveries are limited to orders that do not spoil at these temperatures. The customer will be informed of this in a timely manner.
Article 12 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as 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 the confirmation of the contract.
2. The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
4. When paying by credit card, Atelier Giri must comply with the requirements set by such card issuers at the place of delivery. This will be communicated to the consumer in good time.
Article 13 - 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 execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has noticed the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation 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 dispute settlement.
5. A complaint shall not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 14 - Disputes
1. Agreements between Atelier Giri and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention shall not apply here.