General Terms and Conditions of De Kruiderie, located in Nieuw Beerta

(Version valid from 01-01-2010)

1. General

1.1 These general terms and conditions apply to all offers from De Kruiderie. The terms and conditions are accessible to everyone and are included on the De Kruiderie website.

1.2 By placing an order you indicate that you agree to the delivery and payment conditions. De Kruiderie reserves the right to change its delivery and/or payment conditions after the expiry of the term.

1.3 Unless otherwise agreed in writing, general or specific terms or conditions of third parties are not recognised by De Kruiderie.

1.4 De Kruiderie guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

2. Delivery

2.1 Delivery will take place while stocks last.

2.2 The current delivery time is always indicated in text at the top of the shopping cart during your order or when completing your order. Delivery time is usually within 24 hours. In the context of the rules of distance selling, De Kruiderie will execute orders within at least 30 days (note: this is of course exceptional, such as in the event of force majeure or disasters). If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be fulfilled or can only be fulfilled in part, the consumer will receive a message within 1 month of placing the order and in that case he has the right to cancel the order.

2.3 De Kruiderie will have fulfilled its delivery obligation, unless proven otherwise, as soon as the goods delivered by De Kruiderie have been offered to the customer once. In the event of home delivery, the carrier's report containing the refusal of acceptance shall constitute full proof of the offer of delivery.

2.4 All terms stated on the website are indicative. Therefore, no rights can be derived from the terms mentioned.

3. Prices

3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.

3.2 All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors.

3.3 All prices on the site are in EURO and include 21% or 6% VAT.

4. Inspection period / right of withdrawal / Returns
   

4.1 If the purchase is a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the purchaser has the right to return (part of) the delivered goods within 14 days without giving any reason.

What are the return conditions?

- The packaging is intact, the product is unopened and unused. The seal must not be broken.

- The return request is made within 14 calendar days.

- The product to be returned must then be returned within 14 calendar days.

This period starts at the moment the ordered items have been delivered. If the purchaser has not returned the delivered goods to De Kruiderie after this period, the purchase is a fact. Before returning the goods, the purchaser is obliged to notify De Kruiderie in writing (by email) within the specified period after delivery. The purchaser must prove that the delivered goods were returned on time, for example by means of proof of postal delivery. Returns must be made in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the purchaser, the right to cancellation within the meaning of this paragraph shall lapse. Taking into account the provisions of the previous sentence, De Kruiderie will ensure that the full purchase price including the calculated shipping costs will be refunded to the buyer within 30 days after proper receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the buyer.
Return address Kruiderie:
The Herb Shop
Molenlaan 28
9687PR New Beerta
The Netherlands

You can receive a link to a return voucher by email that you can print out, for which you pay €6.95 within the Netherlands. Outside the Netherlands we provide return labels after consultation, the costs vary.

Of course, you can also arrange shipping yourself.

4.2 The right of dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services.

4.3 The right of withdrawal does not apply to:

• services the performance of which, with the consent of the consumer, has begun before the period of seven working days
• goods or services whose price is subject to fluctuations in the financial market over which the supplier has no influence
• goods that are manufactured according to consumer specifications, for example custom work, or that have a clearly personal character
• for goods or services that cannot be returned due to their nature, for example due to hygiene reasons or that can spoil or become obsolete quickly
• audio and video recordings and computer software of which the consumer has broken the seal
• the supply of newspapers and magazines; for betting and lottery services

5. Data management

5.1 If you place an order with De Kruiderie, your details will be included in De Kruiderie's customer database. De Kruiderie complies with the Personal Data Protection Act and will not provide your information to third parties. See our Privacy Policy.

5.2 De Kruiderie respects the privacy of the users of the website and ensures that your personal data is treated confidentially.

5.3 In some cases, De Kruiderie uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.

6. Warranty

6.1 De Kruiderie guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty for the product supplied to you.

6.2 De Kruiderie's warranty period corresponds to the manufacturer's warranty period. However, De Kruiderie is never responsible for the ultimate suitability of the items for each individual application by the purchaser, nor for any advice regarding the use or application of the items.

6.3 The purchaser is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the purchaser must (before returning it to De Kruiderie) immediately report these defects in writing to De Kruiderie and photograph them as evidence for De Kruiderie. Any defects or incorrectly delivered goods must and can be reported in writing to De Kruiderie no later than within one week after delivery. Returns must be made in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely forfeits the right to complain and return.

6.4 If complaints from the purchaser are found to be justified by De Kruiderie, De Kruiderie will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the purchaser regarding compensation, provided that the liability of De Kruiderie and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the discretion of De Kruiderie) to the maximum amount covered by De Kruiderie's liability insurance in the relevant case. Any liability of De Kruiderie for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.

6.5 De Kruiderie is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.

6.6 This warranty does not apply if: A) and as long as the purchaser is in default towards De Kruiderie; B) the purchaser has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of De Kruiderie and/or the instructions for use on the packaging; D) the defectiveness 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;

7. Offers

7.1 Offers are without obligation, unless otherwise stated in the offer.

7.2 If the buyer accepts a non-binding offer, De Kruiderie reserves the right to revoke the offer or deviate from it within 3 working days of receipt of that acceptance.

7.3 Verbal commitments only bind De Kruiderie after they have been expressly confirmed in writing.

7.4 Offers from De Kruiderie do not automatically apply to repeat orders.

7.5 De Kruiderie cannot be held to its offer if the purchaser should have understood that the offer, or a part thereof, contained an obvious mistake or error.

7.6 Additions, changes and/or further agreements are only valid if agreed in writing.

8. Agreement

8.1 An agreement between De Kruiderie and a customer is concluded after an order has been assessed for feasibility by De Kruiderie.

8.2 De Kruiderie reserves the right to refuse orders or assignments without stating reasons or to accept them only on the condition that shipment is made cash on delivery or after advance payment.

9. Images and specifications

9.1 All images; photos, drawings etc.; including data concerning weights, dimensions, colours, images of labels, etc. on the De Kruiderie website are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.

10. Force majeur

10.1 De Kruiderie shall not be liable if and to the extent that its obligations cannot be fulfilled as a result of force majeure.

10.2 Force majeure means any external cause, as well as any circumstance, which in all reasonableness should not be at its risk. Delays or default by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of De Kruiderie as well as by assistants, illness of personnel, defects in auxiliary equipment or means of transport are expressly considered force majeure.

10.3 In the event of force majeure, De Kruiderie reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is De Kruiderie obliged to pay any fine or compensation.

10.4 If De Kruiderie has already partially fulfilled its obligations when force majeure occurs, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the purchaser is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

11. Liability

11.1 De Kruiderie is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.

12. Retention of title

12.1 Ownership of all goods sold and delivered by De Kruiderie to the purchaser shall remain with De Kruiderie as long as the purchaser has not paid De Kruiderie's claims under the agreement or previous or subsequent similar agreements, as long as the purchaser has not yet paid for the work performed or yet to be performed under this or similar agreements and as long as the purchaser has not yet paid De Kruiderie's claims for failure to fulfil such obligations, including claims for fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.

12.2 The items delivered by De Kruiderie that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.

12.3 The purchaser is not authorised to pledge or otherwise encumber the items subject to the retention of title.

12.4 The purchaser hereby grants unconditional and irrevocable permission to De Kruiderie or a third party to be appointed by De Kruiderie to enter all places where its properties are located in all cases in which De Kruiderie wishes to exercise its ownership rights and to take those items with it.

12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the purchaser is obliged to inform De Kruiderie thereof as soon as may reasonably be expected.

12.6 The purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by De Kruiderie upon first request.

13. Applicable law/competent court

13.1 All agreements are governed by Dutch law.

13.2 Disputes arising from an agreement between De Kruiderie and the buyer, which cannot be resolved by mutual agreement, will be heard by the competent court within the district of Alkmaar, unless De Kruiderie prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.

14. Administration costs

14.1 The statutory interest is stated in the Civil Code and results from a European directive to reduce payment arrears.

14.2 The statutory interest in commercial transactions applies to agreements for the delivery of goods or services in return for payment. This concerns transactions between companies or between companies and government agencies.

14.3 Companies in this context may be natural persons exercising a business or profession, or legal entities (regardless of whether they actually exercise a business).

14.4 This higher statutory interest does not apply to agreements with consumers. Here an appeal can be made to the lower statutory consumer interest rate of six percent (as of February 1, 2007).


14.5 In the event of an agreement/invoice/account, the high statutory interest is immediately due:

* from 30 days after the day of receipt of the invoice;
* from 30 days after the day of receipt of the performance in the event that the date of receipt of the invoice is not fixed or if the debtor receives the invoice before the performance;
* from 30 days after the day on which the agreed term of approval or acceptance has expired in the event that it has been agreed that the recipient of a performance can decide to approve or accept the performance within a certain period.

This statutory payment term of 30 days does not apply if the parties have agreed on a different payment term (longer or shorter), for example via the general terms and conditions.

14.6 In the case of consumer agreements, a notice of default or reminder remains a condition for being able to charge the statutory interest.

14.7 Payment terms
Parties may also agree on a higher or lower interest rate in an agreement. Even then, after the expiry of the statutory or agreed term, the agreed interest payment is due without prior notice of default.

14.8 What is the statutory interest in commercial transactions?
The interest rate is equal to the marginal allotment rate for refinancing operations, set by the European Central Bank, plus 7 percentage points. This refinancing rate can be found at www.ecb.int and is variable.