General terms and conditions
General Terms and Conditions of SuperfoodShop
Version valid from January 10, 2013
1. General
1.1 These general terms and conditions apply to all offers from SuperfoodShop. The conditions are accessible to everyone and are included on the website of SuperfoodShop. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree with the terms of delivery and payment. SuperfoodShop reserves the right to change its terms of delivery and/or payment after the expiry of the term.
1.3 Unless otherwise agreed in writing, general or specific terms or conditions of third parties are not recognized by SuperfoodShop.
1.4 SuperfoodShop 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 In the context of the rules of distance selling, SuperfoodShop will execute orders at least within 30 days. 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 executed or can only be executed in part, the consumer will receive a message within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of SuperfoodShop will, subject to proof to the contrary, be fulfilled as soon as the goods delivered by SuperfoodShop have been offered to the customer once. In the case of home delivery, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All terms mentioned 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 typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in Euros and include 6% or 21% VAT.
4. Inspection period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 7 working days without giving any reason. This period commences at the moment that the ordered items have been delivered. If the customer has not returned the delivered items to SuperfoodShop after this period has expired, the purchase is a fact. Before returning the items, the customer is obliged to notify SuperfoodShop of this in writing within 7 working days after delivery. The customer must prove that the delivered items were returned on time, for example by means of proof of postal delivery. The items must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the items have been used, encumbered or damaged in any way by the customer, the right to cancel within the meaning of this section lapses. Taking into account the provisions of the previous sentence, SuperfoodShop will ensure that the full purchase price including the calculated shipping costs will be refunded to the customer within 30 days after receipt of the return shipment. The return of the delivered goods is entirely at the expense and risk of the customer.
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 other services that could be offered via SuperfoodShop. The general terms and conditions of the supplier will apply to the latter services, where SuperfoodShop only acts as an intermediary or agent.
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-made, 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 SuperfoodShop, your details will be included in the customer database of SuperfoodShop. SuperfoodShop complies with the Personal Data Protection Act and will not provide your details to third parties. See our Privacy Policy.
5.2 SuperfoodShop respects the privacy of the users of the website and ensures that your personal data is treated confidentially.
5.3 SuperfoodShop uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. Warranty and conformity
6.1 The SuperfoodShop guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.
6.2 A guarantee arrangement offered by the Superfoodshop, manufacturer or importer does not affect the rights and claims that the consumer can assert against the SuperfoodShop on the basis of the law and/or the distance contract in connection with a failure to fulfil the obligations of the SuperfoodShop.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must (before returning it to SuperfoodShop) immediately report these defects to SuperfoodShop by e-mail. Any defects or incorrectly delivered goods must and can be reported to SuperfoodShop in writing no later than 2 months after delivery. Return of the goods must take place 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 this right to complain and return.
6.4 If complaints from the customer are found to be justified by SuperfoodShop, SuperfoodShop will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, provided that SuperfoodShop's liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at SuperfoodShop's discretion) to the maximum amount covered by SuperfoodShop's liability insurance in the relevant case. Any liability of SuperfoodShop 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 Superfoodshop 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) as long as the customer is in default towards SuperfoodShop; B) the customer has repaired and/or processed the delivered goods themselves or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise treated carelessly or in conflict with the instructions of SuperfoodShop 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 customer accepts a non-binding offer, SuperfoodShop reserves the right to revoke or deviate from the offer within 3 working days of receipt of that acceptance.
7.3 Verbal commitments only bind SuperfoodShop after they have been expressly confirmed in writing.
7.4 Offers from SuperfoodShop do not automatically apply to repeat orders.
7.5 SuperfoodShop cannot be held to its offer if the customer 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 Superfoodshop and a customer is concluded after an order has been assessed for feasibility by SuperfoodShop.
8.2 Superfoodshop reserves the right to refuse orders or assignments without stating reasons or to accept them only on the condition that the shipment is made by cash on delivery or after prepayment.
9. Images and specifications
9.1 All images; photos, drawings etc.; including data concerning weights, dimensions, colours, images of labels, etc. on the SuperfoodShop website are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force Majeure
10.1 SuperfoodShop is not liable if and to the extent that its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any external cause, as well as any circumstance, which in all fairness should not be at its risk. Delays or default by our suppliers, disruptions in the Internet, disruptions in the 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 of suppliers and/or manufacturers of SuperfoodShop as well as of assistants, illness of personnel, defects in auxiliary or transport equipment are expressly considered force majeure.
10.3 In the event of force majeure, SuperfoodShop 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 amended in such a way that execution remains possible. In no event shall SuperfoodShop be obliged to pay any fine or compensation.
10.4 If SuperfoodShop has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.
11. Liability
11.1 SuperfoodShop is not liable for damage to vehicles or other objects caused by incorrect use of the products. Read the instructions on the packaging and/or consult our website before use.
12. Retention of title
12.1 Ownership of all items sold and delivered by SuperfoodShop to the customer shall remain with SuperfoodShop as long as the customer has not paid the claims of SuperfoodShop under the agreement or previous or subsequent similar agreements, as long as the customer has not paid the work performed or yet to be performed under this or similar agreements and as long as the customer has not paid the claims of SuperfoodShop due to failure to comply with such obligations, including claims for fines, interest and costs, all as referred to in article 3:92 BW.
12.2 The items delivered by SuperfoodShop 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 customer is not authorised to pledge or otherwise encumber the items subject to the retention of title.
12.4 The customer hereby gives unconditional and irrevocable permission to SuperfoodShop or a third party to be appointed by SuperfoodShop to enter all places where its properties are located in all cases in which Superfoodshop wishes to exercise its property 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 customer is obliged to inform SuperfoodShop thereof as soon as may reasonably be expected.
12.6 The customer 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 SuperfoodShop 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 SuperfoodShop and the customer that cannot be resolved by mutual agreement will be heard by the competent court within the district of Rotterdam, unless SuperfoodShop prefers to submit the dispute to the competent court of the customer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.