Terms of service

General Terms and Conditions

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 guarantee
• Article 11 – Delivery and execution
• Article 12 – Duration transactions: duration, termination, and renewal
• Article 13 – Payment
• Article 14 – Complaints procedure
• Article 15 – Disputes
• Article 16 – Additional or differing provisions

Article 1 – Definitions In these terms and conditions:

1. Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
2. Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
3. Day: Calendar day.
4. Duration transaction: A distance contract for a series of products and/or services, where the obligation to deliver and/or accept is spread over time.
5. Durable medium: Any device that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.
7. Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers.
8. Distance contract: A contract where, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to the conclusion of the contract, only one or more means of distance communication are used.
9. Means of distance communication: Means that can be used for concluding a contract without the consumer and the entrepreneur simultaneously being in the same space.

Article 2 – Identity of the entrepreneur Foodservice Marketing Foods BV
De Doornweg 13
8035PC Zwolle, Netherlands
Phone number: +31 529 426960
Email address: info@chaiwallah.online
Chamber of Commerce number: 51370271
VAT identification number: NL8232.43.928.B01
Bank IBAN: NL94 ABNA 0471 5722 25

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and every concluded distance contract between the entrepreneur and the consumer.
2. The text of these general terms and conditions will be made available to the consumer before the distance contract is concluded.
3. If the distance contract is concluded electronically, the general terms and conditions can be provided to the consumer electronically in such a way that it can be easily stored on a durable medium by the consumer.
4. If additional product or service conditions apply, the consumer may invoke the applicable provision that is most favorable to them in case of conflicting general conditions.

Article 4 – The offer

1. Any limited validity or special conditions of an offer will be stated clearly in the offer.
2. The offer includes a complete and accurate description of the offered products and/or services. Images used by the entrepreneur are truthful representations. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. The offer includes details to make clear to the consumer their rights and obligations upon accepting the offer, including the price (inclusive of taxes), delivery costs, contract formation, withdrawal rights, payment methods, and the time frame for acceptance.

Article 5 – The agreement

1. The agreement is established when the consumer accepts the offer and meets the specified conditions.
2. If accepted electronically, the entrepreneur confirms receipt of the acceptance promptly.
3. If the contract is formed electronically, the entrepreneur will take suitable measures for data protection and security.
4. The entrepreneur may, within legal limits, verify if the consumer can meet their payment obligations. Based on this assessment, the entrepreneur can refuse orders with reasons or attach specific conditions.
5. The entrepreneur will provide the consumer with information on rights, complaints procedures, and other contract details at the time of product delivery or service provision.

Article 6 – Right of withdrawal

1. Consumers have a 14-day withdrawal period for product purchases, starting from the day after the consumer receives the product.
2. During this period, the consumer should handle the product and packaging with care, only to the extent necessary to assess whether they want to keep it. Food items cannot be returned.
3. For services, the consumer has at least 14 days from the date of contract conclusion to withdraw without giving reasons.
4. The consumer should follow the provided instructions if they wish to exercise their right of withdrawal.

Article 7 – Costs in case of withdrawal

1. The consumer only incurs return shipping costs if they use the withdrawal right.
2. The entrepreneur will refund payments as soon as possible, no later than 30 days after return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur can exclude the right of withdrawal for specific products or services, provided this is clearly stated in the offer.
2. Exclusions apply to customized products, perishable items, and other specified items that cannot be returned due to their nature.

Article 9 – The price

1. Prices will not increase during the offer period, except for VAT adjustments.
2. Product prices are exclusive of VAT and, in the case of orders above €150 (excluding VAT), free of delivery charges.

Article 10 – Conformity and guarantee

1. The entrepreneur ensures that the products or services meet the contract specifications, consumer expectations, and legal requirements.

Article 11 – Delivery and execution

1. The entrepreneur takes the utmost care in receiving and processing product orders and assessing service requests.
2. Orders will be delivered within 30 days unless otherwise agreed. Consumers may cancel contracts for delays and receive refunds if delivery fails.

Article 12 – Duration transactions: duration, termination, and renewal

• Termination: Consumers may terminate indefinite or fixed-term contracts for regularly delivered products or services with a maximum one-month notice.
• Renewal: Fixed-term contracts are not automatically renewed for a specified period unless for brief extensions.
• Duration: Contracts longer than one year can be terminated after one year with a maximum one-month notice.

Article 13 – Payment

1. Amounts due must be paid within 14 days, with initial payments of no more than 50% in advance.
2. Consumers must report payment information errors to the entrepreneur.

Article 14 – Complaints procedure

1. The entrepreneur maintains a complaints procedure and responds within 14 days of receipt.

Article 15 – Disputes

1. Dutch law exclusively governs agreements between the entrepreneur and the consumer.

Article 16 – Additional or differing provisions Additional provisions cannot disadvantage the consumer and should be accessible in writing or durable form for the consumer.