Terms and Conditions
General Terms and Conditions for PRIVATE CUSTOMERS
Koekela BV, located in Rotterdam.
Definitions: Koekela BV: American pastry shop
Customer: any natural or legal person who has concluded or wishes to conclude an agreement with Koekela BV.
Private customer: a customer not organized as a company or government.
Catering customer: a customer organized as a company or government.
1.1 These general terms and conditions apply to all deliveries by Koekela BV to private customers.
These conditions are accessible to everyone and can also be requested on the website of Koekela BV (www.koekela.nl). We will send you a written copy upon request.
1.2 By placing an order you indicate that you agree to the delivery and payment conditions. Koekela BV reserves the right to change its delivery and/or payment terms after the term has expired.
1.3 Unless otherwise agreed in writing, general or specific conditions and/or stipulations of third parties are not recognized by Koekela BV.
1.4 Koekela BV guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2.1 Private customers can place their order (for the next day) from Monday to Saturday until 4:00 PM. If you order after this time, Koekela BV cannot guarantee that your order will be delivered within 24 hours.
2.2 The order can be placed at the store by telephone or via the website. NB: our apple pies are baked fresh daily.
If you do not order on time, your order cannot be put into production on time and Koekela BV cannot therefore guarantee your delivery.
2.3 Orders placed via the website are always confirmed by e-mail. Therefore, always check your details carefully.
2.4 Koekela BV does not consider itself responsible for any typographical errors.
2.5 Koekela BV does not consider itself responsible for any incorrectly supplied addresses.
3.1 Delivery takes place while stocks last.
3.2 The delivery amount of the private customer must be at least €50. Amounts below this minimum will not be processed.
On top of the delivery amount there are €5.50 delivery costs.
3.3 In the context of the rules of distance purchasing, Koekela BV will execute orders at least within seven days.
If this proves not to be possible, if the ordered item is out of stock, no longer available or delays occur for other reasons, the customer will be notified of this within one day after placing the order.
In that case, the customer has the right to cancel the order without costs and/or notice of default.
3.4 Koekela BV tries to take a preference for a delivery time into account as much as possible.
3.5 If you are not present at the address and/or time indicated, our driver will be forced to continue his journey.
You can then pick up your order in the store. The delivery costs will still be charged at that time.
3.6 We do not deliver on Saturdays, Sundays and public holidays, unless otherwise agreed.
3.7 In the event of emergencies and/or natural disasters, we reserve the right not to deliver the order.
3.8 After the moment of delivery, the risk passes with regard to the products sold by (or on behalf of) Koekela BV and/or to be delivered to the customer. over to the customer.
4.1 Orders placed via the website can only be paid in advance via iDeal, unless otherwise agreed with Koekela BV.
4.2 Orders accepted by telephone by Koekela BV can be paid in the store (PIN or credit card).
4.3 Payments made by the customer always serve to settle all costs owed.
5.1 All prices on our website are in EUROs and include 9% VAT.
5.2 All prices on our website are subject to printing and typographical errors. Koekela BV does not consider itself liable for any consequences of this.
5.3 Changes in factors that can influence the cost price, such as the purchase price of raw materials, exchange rate differences, government measures,
import and export duties, transport costs, insurance premiums, etc. may be passed on to the customer by Koekela BV.
6. Trial period and right of withdrawal
6.1 The Distance Selling Act (Article 7:5 of the Dutch Civil Code) is declared not applicable to Koekela BV, because Koekela BV supplies products that can spoil and/or age quickly (Article 7:46d in conjunction with Article 7:46b BW). Our products cannot be returned due to their nature.
7. Data management
7.1 When you place an order with Koekela BV, your personal data will be included in Koekela BV's customer base. Bound by the Personal Records Act, Koekela BV will not provide your data to third parties.
7.2 Koekela BV respects the privacy of users of the website and therefore ensures that your personal data is treated confidentially.
7.3 Koekela BV may use a mailing list. Each mailing contains the necessary instructions to be removed from this list.
8.1 Koekela BV guarantees that the products it supplies meet the requirements of usability, reliability and shelf life, provided that the instructions supplied by Koekela BV are complied with and can be found on the label.
8.2 Koekela BV is not responsible for the ultimate suitability of the product, for each individual application by the customer, nor for any advice regarding its use or application.
8.3 The customer is obliged to immediately check the delivered products upon receipt. If it appears that the delivered products are incorrect, defective or incomplete, the customer must immediately report this to Koekela BV by telephone, email or fax before returning the product. Products must be returned in the original packaging. This way, management can assess the product correctly. Putting the product into use after discovering defects, damage occurring after discovering defects, encumbrance and/or resale after discovering defects, completely voids this right to complain and return.
8.4 If complaints from the customer are declared well-founded by Koekela BV, Koekela BV will determine at its own discretion whether the delivered goods will be replaced free of charge or whether a written arrangement regarding compensation will be made with the customer. With the understanding that the liability of Koekela BV and provided that the amount of compensation is always limited to a maximum of the invoice amount of the relevant items, or (again at the discretion of Koekela BV) to the maximum in the relevant case by Koekela's liability insurance BV covered amount. Any liability on the part of Koekela BV for any other form of damage is excluded. This includes additional compensation in any form, compensation for indirect damage or damage incurred due to lost profits.
8.5 The possibility of compensation lapses if, a) the customer is in default towards Koekela BV, b) the delivered goods have been exposed to abnormal objects or have otherwise been treated carelessly or c) in conflict with the instructions of Koekela BV and/or instructions for use on the packaging have been discussed.
9.1 Offers are without obligation, unless stated otherwise in the offer.
9.2 Upon acceptance of such a non-binding offer by the customer, Koekela BV reserves the right to revoke or deviate from this offer within a period of three working days after receipt of that acceptance.
9.3 Oral commitments only bind Koekela BV if and after they have been expressly confirmed in writing.
9.4 Offers from Koekela BV do not automatically apply to repeat orders.
9.5 Koekela BV cannot be held to an offer if the customer should have known that the offer or part thereof contained an obvious mistake or typo.
9.6 Other additions, changes and/or further agreements are only effective if agreed in writing.
10.1 An agreement between Koekela BV and the catering customer is only concluded after an order has been assessed for feasibility by Koekela BV.
10.2 Koekela BV reserves the right not to accept orders without giving reasons or to only accept them on the condition that delivery only takes place after the amount due has been transferred by bank to Koekela BV.
11. Images and specifications
11.1 All images, such as photos, drawings, etc., data regarding weight, dimensions, colors and images of labels, etc. on the Koekela BV website are only an approximation and may differ from the products that are delivered. Under no circumstances will this give rise to compensation and/or termination of the agreement.
12. Force majeure
12.1 Koekela BV is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
12.2 Force majeure is in any case understood to mean any extraneous cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the internet, as well as electricity, e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Koekela BV, as well as auxiliary persons, illness of personnel and defects in auxiliary or transport equipment expressly count as force majeure.
12.3 In the event of force majeure, Koekela BV reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances is Koekela BV obliged to pay any form of compensation or otherwise a fine.
12.4 If Koekela BV has already partially fulfilled its obligations when the force majeure occurs or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately and the customer is obliged to pay this invoice as it concerns it is a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
13. Retention of title
13.1 All intellectual property rights (which in any case include copyright, trademark, patent and trade name rights and know-how) and associated materials such as reports, designs, sketches, advice, drawings and documentation as well as preparatory material, of Koekela BV will be expressly vested in Koekela BV (or its licensors/suppliers) remain resigned.
14. Applicable law/competent court
14.1 Dutch law applies to all agreements.
14.2 Disputes arising from an agreement between Koekela BV and the customer, which cannot be resolved by mutual agreement, will be heard by the competent court within the district of Rotterdam, unless Koekela BV prefers to submit the dispute to the competent court of the place of residence of the buyer, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court judge.