TERMS AND CONDITIONS
- Babs Bone Broth: Babs Bone Broth, established in Amsterdam under Chamber of Commerce no. 74184520.
- Customer: the person with whom Babs Bone Broth has entered into an agreement.
- Parties: Babs Bone Broth and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Babs Bone Broth.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the
customer or of third parties.
- All prices used by Babs Bone Broth are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Babs Bone Broth is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Babs Bone Broth could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment term
- Babs Bone Broth may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
- The customer must have paid the full amount within 1 days, after delivery.
- Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Babs Bone Broth having to send the customer a reminder or to put him in default.
- Babs Bone Broth reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
- If the customer does not pay within the agreed term, Babs Bone Broth is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Babs Bone Broth.
- The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
- If the customer does not pay on time, Babs Bone Broth may suspend its obligations until the customer has met his
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Babs Bone Broth on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by Babs Bone Broth, he is still obliged to pay the agreed price to Babs Bone Broth.
Right of recovery of goods
- As soon as the customer is in default, Babs Bone Broth is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Babs Bone Broth invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Babs Bone Broth, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
Right of advertising
- As soon as the customer is in default, Babs Bone Broth is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- Babs Bone Broth invokes the right of advertising by means of written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Babs Bone Broth, unless the parties agree otherwise.
- The costs for the return or return of the products will be borne by the customer.
Right of withdrawal
- A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a spoilage product, such as food or flowers
- it is not a product that has been tailor-made or modified especially for the consumer
- it is not a non-returnable product for hygiene reasons (underwear, swimwear, food, etc.)
- the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product is not a travel, transport ticket, catering assignment or form of leisure activity
- the product is not a loose magazine or newspaper
- it is not an (order for) emergency repair
- the consumer has not waived his right of withdrawal
- The cooling-off period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has received the first product with a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can make his appeal to the right of withdrawal known via email@example.com, if desired using the withdrawal form that can be downloaded from the Babs Bone Broth website, www.babsbonebroth.nl.
- The consumer is obliged to return the product to Babs Bone Broth within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.
- The costs for return will only be borne by Babs Bone Broth if the entire order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for a refund according to the law, Babs Bone Broth will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Babs Bone Broth in a timely manner.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
- Babs Bone Broth can appeal to his right of retention of title and in that case retain the products sold by Babs Bone Broth to the customer until the customer has paid all outstanding invoices with regard to Babs Bone Broth, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Babs Bone Broth.
- Babs Bone Broth is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Babs Bone Broth against a claim against Babs Bone Broth.
Retention of title
- Babs Bone Broth remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Babs Bone Broth under any agreement concluded with Babs Bone Broth, including claims for failure to perform.
- Until then, Babs Bone Broth can invoke its retention of title and take back the items.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Babs Bone Broth invokes its retention of title, the agreement will be deemed dissolved and Babs Bone Broth has the right to claim compensation, lost profit and interest.
- Delivery takes place while stocks last.
- Delivery takes place at Babs Bone Broth, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer.
- If the agreed amounts are not paid or are not paid on time, Babs Bone Broth has the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment, there is default by creditors, with the result that the customer cannot object to Babs Bone Broth’s late delivery.
- The delivery times stated by Babs Bone Broth are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Babs Bone Broth.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Babs Bone Broth cannot deliver within 14 days after having been summoned to do so in writing or if the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
- If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Babs Bone Broth cannot be held liable for possible damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Babs Bone Broth prior to transport, failing which Babs Bone Broth cannot be held liable for any damage.
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
- The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or incompetent use by the customer, or if the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
- As part of Babs’ food safety and quality standards, we do not allow returns. We also do not offer returns based on personal taste.
- Discounted items, non-perishable items such as foodstuffs, custom items or items specially adapted to the customer and cannot be exchanged.
The customer indemnifies Babs Bone Broth against all claims from third parties related to the products and/or services supplied by Babs Bone Broth.
- The customer must examine a product or service provided by Babs Bone Broth as soon as possible for any shortcomings.
- If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Babs Bone Broth of this as soon as possible, but in any case within 24 hours after the discovery of the shortcomings.
- Consumers must inform Babs Bone Broth of this within 24 hours after discovery of the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that Babs Bone Broth is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Babs Bone Broth being obliged to perform other work than has been agreed.
Notice of default
- The customer must notify Babs Bone Broth of default notices in writing.
- It is the customer’s responsibility that a notice of default actually reaches Babs Bone Broth (on time).
Joint and several liability customer
If Babs Bone Broth enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to Babs Bone Broth under that agreement.
Liability Babs Bone Broth
- Babs Bone Broth is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
- If Babs Bone Broth is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- Babs Bone Broth is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
- If Babs Bone Broth is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount. to which the liability relates.
- All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Babs Bone Broth expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement if Babs Bone Broth imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
- If the fulfillment of the obligations by Babs Bone Broth is not permanently or temporarily impossible, dissolution can only take place after Babs Bone Broth is in default.
- Babs Bone Broth has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Babs Bone Broth has taken note of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations.
- In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure on the part of Babs Bone Broth in the fulfillment of any obligation with regard to the customer cannot be attributed to Babs Bone Broth in a situation independent of Babs Bone Broth’s will. , as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Babs Bone Broth.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which Babs Bone Broth cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Babs Bone Broth can fulfill them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Babs Bone Broth does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the agreement
If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Change of terms and conditions
- Babs Bone Broth is entitled to change or supplement these general terms and conditions.
- Minor changes can be made at any time.
- Babs Bone Broth will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Babs Bone Broth.
- This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Babs Bone Broth had in mind when drafting the conditions on that point.
Applicable law and competent court
- Only Dutch law applies to every agreement between the parties.
- The Dutch court in the district where Babs Bone Broth is established/has practice/office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Changed on June 1, 2022.