Terms of service

Terms And Conditions

General Terms and Conditions Krak Chocolate B.V.

Table of contents

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 Right of Withdrawal

Article 9 – The Price

Article 10 – Conformity and Guarantee

Article 11 – Delivery and Execution

Article 12 – Payment

Article 13 – Complaints Procedure

Article 14 – Disputes

Article 15 – Additional or deviating provisions

Artikel 1 – Definitions  
In these terms and conditions, the following terms shall have the following meanings:

 

1. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the course of their profession or business and who enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: a distance agreement relating to a series of products and/or services, with the performance and/or delivery obligation spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's ability to withdraw from the distance agreement within the cooling-off period;
7. Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when exercising their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
9. Distance agreement: an agreement concluded between the entrepreneur and the consumer as part of an organized system for remote sales of products and/or services, using one or more means of remote communication up to and including the moment the agreement is concluded;
10. Means of remote communication: a tool that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Artikel 2 – Identity of the Entrepreneur
Krak Chocolade B.V
Julianalaan 100, 3853KK Ermelo
Phone number: +31(0)624810373
Email address: mark@krakchocolade.nl
Chamber of Commerce (KvK) number: 71183728
VAT identification number: NL858.612.744.B01

Artikel 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance agreement is concluded, where the general terms and conditions can be inspected and that they will be sent free of charge at the consumer's request as soon as possible.
3. If the distance agreement is concluded electronically, the text of these general terms and conditions may be made available to the consumer by electronic means, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur shall indicate, before the distance agreement is concluded, where the general terms and conditions can be inspected electronically, and that they will be sent free of charge at the consumer's request by electronic means or otherwise.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are null and void or are nullified, the agreement and these terms and conditions shall remain in force for the remainder, and the invalid or nullified provision shall be replaced by a provision that reflects the purpose of the original provision as closely as possible in mutual consultation.
6. Matters not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
7. Ambiguities in the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Artikel 4 – The Offer

1. If an offer has a limited validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and modify the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. 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;

- Any delivery costs;

- The manner in which the agreement will be concluded and what actions are required for this;

- Whether or not the right of withdrawal applies;

- The method of payment, delivery, and performance of the agreement;

- The deadline for accepting the offer or the period within which the entrepreneur guarantees the price;

- The rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular base rate for the communication tool used;

- Whether the agreement will be archived after it is concluded, and if so, how the consumer can access it;

- The way the consumer can check and, if desired, restore the data provided by them before entering into the agreement;

- Any other languages in which the agreement may be concluded, besides Dutch;

- The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

- The duration of the distance agreement in case of a long-term transaction.

Artikel 5 – The Agreement

1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur may, within the limits of the law, inform themselves of the consumer's ability to fulfill their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse the order or application or to attach special conditions to the execution.
5. The entrepreneur will include the following information with the product or service provided to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
6. The visiting address of the entrepreneur's establishment where the consumer can address complaints;
7. The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. Information about warranties and existing after-sales service;
9. The information referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
10. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
12. Each agreement is entered into subject to sufficient availability of the respective products.

Artikel 6 – Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer and made known to the entrepreneur, has received the product.
2. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store. The consumer is liable for any depreciation of the product resulting from handling the product beyond what is permitted under the previous paragraph. The entrepreneur is entitled to deduct the depreciation from the amount to be refunded to the consumer.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The notification should be made using the model withdrawal form provided by the entrepreneur. After the consumer has indicated that they want to make use of their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.
4. If the consumer has not notified the entrepreneur that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur within the specified period, the purchase is final.

 

For the delivery of services:

1. When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.
2. To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur when making the offer and/or at the latest upon delivery.

Artikel 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, the costs of returning the goods shall be borne by the consumer.
2. If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The refund will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to a different method.
3. The consumer shall not be liable for any depreciation of the product if the entrepreneur has not provided them with all mandatory information about the right of withdrawal before concluding the agreement.

Artikel 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
2. The right of withdrawal is excluded for products that are:
3. Customized to the consumer's specifications;
4. Clearly personal in nature;
5. Products that cannot be returned due to their nature;
6. Perishable or have a limited shelf life;
7. Subject to fluctuations in the financial market over which the entrepreneur has no control;
8. For newspapers and magazines;
9. For audio and video recordings and computer software that the consumer has broken the seal of.
10. For hygiene products that the consumer has broken the seal of.
11. The right of withdrawal is also excluded for services that:
12. Concern accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
13. Have begun with the express consent of the consumer before the cooling-off period has expired;
14. Concerning betting and lotteries.

Artikel 9 – The Price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. This possibility of price fluctuations and the fact that any prices mentioned are recommended prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
5. These are the result of legal regulations or provisions; or
6. The consumer has the authority to terminate the agreement from the day the price increase takes effect.
7. The prices of the products or services offered in the product or service offer include VAT.
8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Artikel 10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for uses other than normal use.
2. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 weeks of delivery. The return of the products must be made in the original packaging and in new condition.
   
   Artikel 11 – Delivery and Execution
3. The entrepreneur will take the greatest possible care when receiving orders for products and when assessing applications for the provision of services.
4. The place of delivery is the address that the consumer has made known to the company.
5. The company will execute accepted orders with due speed but at least within 7 days unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot or only partially be executed, the consumer will receive timely notification no later than 7 days after placing the order. In that case, the consumer has the right to dissolve the agreement without any costs incurred and is entitled to compensation.
6. All delivery times are indicative. No rights can be derived from any stated terms. Exceeding a term does not entitle the consumer to compensation.
7. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
8. If delivery of a ordered product is impossible, the entrepreneur will make an effort to provide a replacement product. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement product will be delivered. For replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
9. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless explicitly agreed otherwise.
   
   Artikel 12 – Payment
10. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period as referred to in Article 6(1) has commenced. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
11. The consumer has the duty to report inaccuracies in payment details provided or mentioned to the entrepreneur without delay.
12. In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs that were made known to the consumer in advance.

Artikel 13 – Complaints Procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.

Artikel 14 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention is not applicable.

Artikel 15 – Additional or Different Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.