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Terms and Conditions
ARTICLE 1 - Definitions
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 - Compliance and warranty
ARTICLE 11 - Delivery and execution
ARTICLE 12 - Termination and extension of contracts
ARTICLE 13 - Payment
ARTICLE 14 - Complaints procedure
ARTICLE 1 - DEFINITIONS
In these conditions, the following terms are defined:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products or services of which the delivery or purchase obligation is spread over time;
Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the option for the consumer to waive the distance contract within the reflection period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop hallmark and offers products or services to consumers at a distance;
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the entrepreneur for the distance sale of products or services, up to and including the moment that the contract is concluded;
Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same room at the same time.
Cookies: cookies are small pieces of information that your browser stores on your computer. Maison Blanche Dael uses cookies to recognise you on your next visit. Cookies enable us to collect information about the use of our services and improve and adapt these to the wishes of our visitors. In addition, our cookies provide information regarding personal identification. You can change your browser settings not to receive any cookies when shopping at Maison Blanche Dael.
Personal information: any information which can be traced back to you as an individual. For example, your name, telephone number, address or email address. However, information such as your customer number and your order history is also personal data.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Blanche Dael B.V.
Roastery:
Aan de Brikkebouw 10
6211 XT Maastricht
Shop:
Wolfstraat 28
6211 GN Maastricht
Phone: +31 43 321 3475
Fax: +31 43 325 3754
Chamber of Commerce number: 76979229
VAT identification number: NL 002506762B01
ARTICLE 3 - APPLICABILITY
1. These general terms and conditions apply to every offer made by the entrepreneur and every distance contract realised between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, then before concluding the distance contract, it shall be stated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the agreement at a distance is concluded, it shall be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other manner.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to them.
ARTICLE 4 - THE OFFER
1. If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and services offered. The description is sufficiently detailed to allow the consumer to assess the offer correctly. If the entrepreneur uses images, these reflect the products and services offered. Obvious mistakes or obvious errors in the offer are not binding to the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- The price including taxes;
- the possible costs of delivery;
- the way in which the agreement will be brought about and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and implementation of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the size of the fee for distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer.
- the manner in which the consumer, before concluding the contract, can check the data provided by him in the framework of the contract and, if desired, correct them;
- any other languages besides Dutch in which the contract can be concluded;
- the codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of an extended transaction.
ARTICLE 5 - THE AGREEMENT
1. The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby specified are fulfilled.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a safe web environment. Likewise, if the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
4. The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfil his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. Based on this investigation, the entrepreneur has good reason not to enter into the agreement; he is entitled to refuse an order or request while giving reasons or attaching special conditions to the implementation.
5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's business establishment where the consumer may lodge complaints;
b. the conditions on which and how the consumer may exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In case of delivery of products:
1. When purchasing products, the consumer can dissolve the contract without giving reasons within a period of fourteen days. This reflection period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur's reasonable and clear instructions.
In case of delivery of services:
3. When services are supplied, the consumer has the option of dissolving the agreement without giving reasons for a period of at least fourteen days starting on the day of agreeing.
4. To use his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and at the latest on delivery.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
1. If the Consumer uses his right of withdrawal, he shall pay no more than the costs of returning the goods.
2. If the Consumer has made a payment, the entrepreneur shall return this amount as soon as possible, but within less than 30 days after the return or withdrawal.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
1. The entrepreneur can preclude the consumer from having a right of withdrawal as far as this is provided for in paragraphs 2 and 3. However, the exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this fact when making the offer, or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that the entrepreneur has created in accordance with the specifications of the consumer;
b. that are clearly of a personal nature
c. that cannot be returned due to their nature
d. that spoil or age quickly;
e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f. for single newspapers and magazines
g. for audio- and video-recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period
b. of which the delivery has started with the express consent of the consumer before the period for reflection has expired;
c. relating to betting and lotteries.
ARTICLE 9 - THE PRICE
1. During the period of validity mentioned in the offer, the prices of the products and services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control at variable prices. The offer shall state this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within three months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorised to terminate the contract on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND WARRANTY
1. The entrepreneur guarantees that the products and services comply with the contract, with the specifications listed in the offer, reasonable reliability and serviceability requirements, and the existing statutory provisions and government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than regular use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer, based on the agreement, can assert against the entrepreneur.
ARTICLE 11 - DELIVERY AND EXECUTION
1. The entrepreneur shall take the greatest possible care when receiving and executing orders for products and when assessing applications to provide services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to what is stated in Article 4 of these General Terms and Conditions, the company shall execute accepted orders with convenient speed but at least within 30 days unless a more extended delivery period has been agreed. If the delivery has been delayed, or when an order cannot be filled or can be filled only partially, the consumer shall be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur shall return the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The entrepreneur shall bear the cost of any return shipment.
6. The risk of damage or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and notified to the entrepreneur representative, unless otherwise expressly agreed.
ARTICLE 12 - DURATION, TERMINATION AND EXTENSION
1. The consumer can terminate an agreement entered into indefinitely, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
2. The consumer may contract for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounces the applicable termination rules and a notice not exceeding one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
- terminate them at all times and not be limited to termination at a specific time or during a specific period;
- at least terminate them in the same manner as he concluded them;
- always terminate them with the same period of notice as the entrepreneur has stipulated for himself.
4. An agreement that has been entered into for a definite period and extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a maximum period of three months if the consumer has the right to terminate this renewed contract before the end of the renewal period, with a period of notice that does not exceed one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
7. Agreements with a limited term for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be automatically continued and shall end automatically at the end of the trial or introductory period.
8. If a contract lasts more than one year, after one year, the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness are resisting the termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
1. As far as no other date has been agreed, sums payable by the consumer should be paid within fourteen days after the start of the reflection period, as referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period shall start after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Furthermore, when an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
3. The consumer must immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. In case of non-payment on the part of the consumer and subject to legal restrictions, the entrepreneur is entitled to charge any predetermined reasonable costs incurred to the consumer.
ARTICLE 14 - COMPLAINTS PROCEDURE
1. The entrepreneur shall have a sufficiently publicised complaints procedure and handle the complaint under this.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within fourteen days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within fourteen days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint about a product, a service or the entrepreneur's service can also be submitted via a complaint form or by contacting our office.
ARTICLE 15 - DISPUTES
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes between the consumer and the entrepreneur about the formation or the performance of contracts related to products and services to be delivered or that have been delivered by this entrepreneur can be submitted with the Dispute Committee Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl) with due observance of the provisions set out below.
3. The Disputes Committee only considers a dispute if the consumer has submitted their complaint to the entrepreneur within a reasonable period of time.
4. The dispute should be submitted in writing to the Disputes Committee no more than three months after the dispute arose.
5. If the consumer wishes to dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do that, the consumer will have to speak out in writing within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within five weeks, then the entrepreneur has the right to submit the dispute to the competent court.
6. The Disputes Committee's decision is made under the conditions set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are through binding advice.
7. The Disputes Committee will not deal with a dispute or terminate their intervention if the trader has been granted a suspension of payments, gone bankrupt, or has terminated business activities before the committee dealt with the dispute during a session and rendered a final decision ruling.
8. If, in addition to the Disputes Committee Webshop, another recognised arbitration board or one affiliated with the Stichting Geschillencommissies for Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) has jurisdiction, the Geschillencommissie Webshop has exclusive jurisdiction over disputes concerning mainly the method of distance selling or the provision of services. For all other disputes, the other disputes committees recognised by the SGC or Kifid shall be competent.
ARTICLE 16 - INDUSTRY GUARANTEE
1. Webshop Keurmerk guarantees the fulfilment of the binding opinion of the Disputes Committee Webshop by its members unless the member decides to submit the binding opinion within two months after the despatch thereof for review by the court. This guarantee revives if the binding opinion has been upheld after review by the court and the judgement that shows this has become final. Up to an amount of €10,000 per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10,000 per binding opinion, €10,000 will be paid. Webshop Keurmerk must try to ensure that the member complies with the binding opinion for the excess amount.
2. For this guarantee, it is required that consumers submit a written appeal to Webshop Keurmerk and that they hand over the claim on the entrepreneur to Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000,- it will be offered to consumers to the extent that the claim above €10,000 will be transferred to the Stichting Webshop Keurmerk, who, in its name and costs shall try to get payment and fulfilment of these rights to the consumer.
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the consumer's detriment and must be put in writing or be recorded in such a way that the consumer can store them in an accessible manner on a long-term data carrier.
ARTICLE 18 - PRIVACY POLICY
We see it as our responsibility to protect your privacy, and we are aware of the trust you place in us. Therefore, on this page, we explain what information we collect when customers use our website, why we collect it, and how we improve your user experience. This way, you will understand exactly how we work and what you can and may expect from us. This privacy policy applies to the products and services of Maison Blanche Dael and the following web pages: blanchedael.nl; shop.blanchedael.nl.
By using this website, you indicate your acceptance of the privacy policy.
1. Changes
This privacy statement is tailored to the use of and the possibilities on this site. Therefore, possible adjustments and changes to this site can lead to changes in this privacy declaration. It is therefore advisable to consult this privacy statement regularly.
Maison Blanche Dael respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially.
2. Use of collected data
When you place an order, we need your name, email address, delivery address and payment details in order to process your order and keep you informed of its progress. This information is needed to ship your order and is stored on 51North's secure servers in Amsterdam. We also give your details to delivery services if this is necessary for an order. By law, we must keep the data related to your order for seven years.
3. Our webshop is not aimed at children. This means that the use of our webshop by customers under the age of 16 is only permitted with the express permission of a parent or guardian.
4. Communication
If you send us an email or other messages, we may keep these messages. Sometimes we will ask you for your personal data relevant to the situation at hand. This makes it possible for us to process your questions and answer your requests. The data is stored on 51North's secure servers in Amsterdam. We may combine this information with other personal information we have, if relevant, for your order.
5. Purposes
We do not collect or use the information for purposes other than those described in this privacy policy unless we have obtained your explicit consent in advance.
6. Third parties
We only share the necessary data for the job that the third party delivery service performs for us. We do not sell your data to these delivery services or other third parties. And with all third-party delivery services, we make agreements as to what they are allowed to do with the data. Our employees and third parties engaged by us are obliged to respect the confidentiality of your data. You should be aware that Maison Blanche Dael is not responsible for the privacy policies of third sites and sources, but only of our website.
7. Adjusting/unsubscribing to newsletter service
We send newsletters using MailChimp at most twice a month, but only with your express consent. You give this consent when you sign up for our newsletter. At the bottom of each mailing, you will find the option to change your data or unsubscribe. We have concluded a processing agreement with MailChimp.
8. Cookies
a. Use of cookies
This website uses "cookies" (text files placed on your computer) to help the website analyse how users use the site. The information generated by the cookie about your use of the website may be transmitted to Maison Blanche Dael's secure servers. We use this information to track how you use the website, compile reports on website activity, and offer other services related to website activity and internet use. In addition, Google Analytics, the website that allows us to track our website activity, may use web beacons. This is used for the same purposes as cookies. We have set the retention period for cookies at 26 months. After 26 months, the data is automatically deleted.
b. What cookies do we use? In short:
Functional cookies or necessary cookies
Functional cookies make sure that our webshop functions appropriately. Think, for example, of functionalities like the shopping cart and checkout.
Analytical cookies
With analytical cookies, we collect statistics about users' use of our webshop with the help of third parties. By measuring website usage, we can continue to improve our webshop for the benefit of our users.
Social media cookies from third parties
Social media cookies are cookies that enable functionalities of social media websites. Think of the share buttons of Facebook, Twitter and Google+. When you click a social media button on our website, a social media cookie is placed. The social media party can recognise your IP address when you want to share a page of our website. For the cookies that the social media parties place and the data that they collect, we refer to the statements that these parties provide on their websites. We advise you to consult the privacy and cookie statements below regularly:
c. Disabling cookies
During your visit to our website, you will be given a choice to accept or reject cookies. If you refuse, our website will save your choice and honour it. No cookies will then be placed on your device that does not have a functional purpose. You can also adjust your settings so that your browser refuses all cookies or only the cookies of third parties. Click on one of the icons below to go directly to the manual of your browser or consult the help function of your browser if necessary.
– Chrome
– Firefox
– Internet Explorer
– Safari
8. Review, deletion and modification of data
We offer all visitors the opportunity to view, change, or delete any personal information currently provided to us. If you wish to do so, please contact us using the information below:
Blanche Dael B.V.
Aan de Brikkebouw 10
+31 43 321 3475
office@blanchedael.nl
We regularly check whether we comply with this privacy policy. If you have any questions or complaints regarding the privacy policy of Maison Blanche Dael, you have the right to turn to the Dutch Data Protection Authority, but you can also contact us. Our customer service will help you if you need information about your data or if you want to change it. If our privacy policy needs to be changed, you will always find the most recent information on this page.
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