Nutzungsbedingungen
Article 1 – The Web Shop
1.1 These are the general terms and conditions of:
HolyOlive.Shop
Kerkstraat 6
2831 AS Gouderak
Netherlands
T (085) 876-9361
E hello@holyolive.shop
Chamber of Commerce (KVK) 92629237
VAT number NL866122291B01
1.2 To keep these terms and conditions understandable, the following terms have a fixed meaning:
Term: Consumer
Meaning: The Customer who acts for purposes that fall outside their trade or professional activity.
Term: Right of Withdrawal
Meaning: The right of a Consumer to dissolve a distance contract or an off-premises contract without giving reasons, as referred to in Article 230o of the Dutch Civil Code.
Term: Customer
Meaning: Anyone (including legal entities) who concludes an Agreement with the Web Shop.
Term: Agreement
Meaning: Any contractual relationship between the Web Shop and the Customer.
Term: Web Shop
Meaning: The party named in Article 1.1.
1.3 In these general terms and conditions, the Web Shop and the Customer are jointly referred to as "We" or "Us". The terms "You" and "Your" refer to the Customer.
Article 2 – Applicability
2.1 These general terms and conditions apply to every offer of the Web Shop and to every Agreement between You and the Web Shop. General terms and conditions that You use yourself do not apply. This is only different if the Web Shop has confirmed this to You in writing and explicitly.
2.2 If these general terms and conditions contain anything that is 'null and void' or 'can be annulled', all other provisions will remain in force. In that case, We will jointly make new arrangements to replace the null or voidable provisions. The intent of the new provision(s) must resemble the intent of the original provision(s) as closely as possible.
2.3 If the Agreement states something different from these general terms and conditions, then what is stated in the Agreement applies. In this way, we can also make arrangements that deviate from what is stated in these general terms and conditions. However, arrangements that deviate from what is stated in these general terms and conditions only apply if the Web Shop has confirmed this to You in writing and explicitly.
Article 3 – Offers
3.1 Every offer of the Web Shop is without obligation and You can accept it within the period stated in the offer. If you do not do so, the offer lapses. If no period is stated, a period of 14 days applies. It is not possible to accept or reject only part of an offer of the Web Shop. In that case too, the (entire) offer lapses.
3.2 The Web Shop ensures that an offer accurately and completely describes which products and/or (digital) content and services the offer relates to. If the offer contains graphic elements (such as images or videos), these give a truthful representation of those products and/or (digital) content and services.
3.3 If an offer contains an obvious mistake or error (such as a typo or calculation error), the Web Shop is not bound by the offer.
Article 4 – Performance of the Agreement and delivery
4.1 You have an Agreement with the Web Shop from the moment You have accepted the offer of the Web Shop and have met the requirements the Web Shop stated in connection with it. You will receive confirmation of this from the Web Shop within a reasonable period after concluding the Agreement, in any case upon delivery of the goods, or before the service is performed. That confirmation contains:
o all information referred to in Article 230m paragraph 1 of the Dutch Civil Code, unless You have already received this from the Web Shop on a durable medium before concluding the Agreement; and
o where applicable: the confirmation of the express prior consent and the statement referred to in Article 230p subsection g of the Dutch Civil Code;
As long as You have not yet received the aforementioned confirmation, You may dissolve the Agreement.
4.2 The Web Shop does its best to perform the Agreement as carefully and quickly as possible and to deliver the orders You have placed as quickly as possible. The Web Shop does this in any case within 30 days after the Agreement is concluded, unless a different delivery period has been agreed. If the Web Shop is unable to deliver within that period, You may dissolve the Agreement.
4.3 Deliveries are made to the address You have provided to the Web Shop. If that address is located outside the Netherlands, the Web Shop has the right to refuse Your order, without the Web Shop owing any compensation.
4.4 The Web Shop carefully determines who within its organization is designated to perform the Agreement. The Web Shop may also engage third parties for this, such as subcontractors and/or auxiliary persons. The Web Shop will inform You in advance of the party it engages for the delivery of ordered products. If products are lost or damaged during that delivery, this is at the risk of the Web Shop. This is only different if You have expressly agreed something else with the Web Shop.
4.5 You must provide the Web Shop in good time with all data that the Web Shop has indicated to be necessary for performing the Agreement, or which You should reasonably understand to be necessary. If You do not do so, the Web Shop may, among other things, suspend performance of the Agreement. In addition to the right to suspend the Agreement, the Web Shop may (continue to) make use of any of its other rights.
Article 5 – Prices
5.1. Are You a Consumer? Then the prices and rates stated by the Web Shop are stated including surcharges, levies and taxes (such as VAT) and including additional costs (such as any shipping costs and administration costs). If You are not a Consumer, the principle is that prices are stated excluding VAT and other levies, unless something else is expressly stated with the price.
5.2. Products and/or services whose price is tied to fluctuations in the financial market(s) over which the Web Shop has no influence may be offered by the Web Shop at variable prices. The Web Shop will clearly state this with the price.
5.3. The Web Shop has the right to implement price changes within 3 months after the Agreement is concluded, insofar as these are the result of a change in laws and regulations. If more than 3 months have passed after the Agreement was concluded, the Web Shop also has the right to pass on to You increases in (out-)delivery, transport, shipping, call-out and administration costs.
5.4. If You are a Consumer, You have the right to dissolve the Agreement in the event of the price increases referred to in Article 5.3. If You are not a Consumer, You only have the right to dissolve the Agreement if the increase amounts to more than 5% of the agreed total price, unless the Web Shop offers to bear the price difference (insofar as it exceeds the aforementioned 5%) at its own expense.
Article 6 – Payment
6.1. You are obliged to pay invoices of the Web Shop within 14 days after concluding the Agreement, unless You have agreed something else with the Web Shop. Are You a Consumer? Then the Web Shop may not, by law, oblige You to pay more than 50% of the price in advance.
6.2. If You are a Consumer, You are only in default in fulfilling payment obligations once the Web Shop has given You notice of default and has granted You a reasonable period of at least 14 days (commencing on the day after receipt of the aforementioned notice of default) to nevertheless fulfil Your payment obligations, and You have also not paid within that 14-day period. In that case You also owe statutory interest and compensation for extrajudicial collection costs. The extrajudicial collection costs amount to (with a minimum of € 40):
- 15% on outstanding amounts up to € 2,500;
- 10% on the following € 2,500;
- 5% on the following € 5,000;
- 1% on the following € 190,000;
- 0.5% on the remainder.
6.3. If You are not a Consumer, You may not set off, suspend and/or reduce payments to the Web Shop, and You are immediately in default if You have not made a payment to the Web Shop on time. In that case, the Web Shop also has the right to charge the statutory commercial interest from the due date of the invoice until the day You have paid in full. For this, the Web Shop does not first have to summon You to pay or give notice of default. The Web Shop may also (continue to) exercise any of its other rights against You.
6.4. Payments You make are first deducted from interest and costs owed. Subsequently from the payable invoices that have been outstanding the longest.
6.5. In the event of liquidation, dissolution, bankruptcy or suspension of payment of the Customer, and if the Customer wholly or partially loses free management or free disposal of its assets, the (payment) obligations of the Customer become immediately due and payable.
Article 7 – Warranties
7.1. The Web Shop ensures that the products and/or services it delivers to You comply with the Agreement. This means, among other things, that those products and/or services correspond to what You could reasonably expect from them based on the type of item and the statements the Web Shop has made about them. For example, with regard to quantities, the size and/or weight of a product. The products and/or services the Web Shop delivers to You also comply with the laws and regulations in force at the time the Agreement is concluded. If You are not a Consumer, the Web Shop may make other or additional arrangements with You.
7.2. If You are a Consumer, any additional warranties the Web Shop has provided to You never limit the statutory rights of consumers. You can therefore always make use of Your statutory (consumer) rights.
Article 8 – Intellectual property rights
8.1. The intellectual property rights, including the copyrights, on all offers, designs, images, drawings and models that the Web Shop provides to You remain with the Web Shop, unless the Web Shop has agreed something else with You in writing and explicitly. Documents, data and materials that the Web Shop provides to You are also only intended to be used by You as Customer, and You may not reproduce, publish or bring them to the knowledge of third parties, without prior written permission from the Web Shop, unless the nature of those documents, data and materials dictates otherwise.
Article 9 – Right of Withdrawal
9.1. If You are a Consumer and there is a distance contract or off-premises contract (as referred to in Article 6:230g of the Dutch Civil Code), You can make use of the Right of Withdrawal. This means You can dissolve the Agreement without giving reasons within a period of 14 days. That 14-day period commences at the following moments:
a. in the case of an Agreement relating to the purchase of a movable good:
On the day on which You, or a third party designated by You (who is not the carrier), have received the product, unless:
- the same order consists of several items that are delivered separately, or the delivery consists of different shipments or parts. In that case, the day applies on which (respectively) the last item, shipment or the last part has been received by You or a third party designated by You (who is not the carrier);
- the Agreement is for the regular delivery of products during a certain period, in which case the day applies on which the first item has been received by You or a third party designated by You (who is not the carrier);
b. in the case of an agreement for the performance of services:
On the day on which the Agreement is concluded.
c. in the case of an agreement for the supply of water, gas or electricity that has not been made ready for sale in a limited volume or in a set quantity, of district heating, or of digital content other than on a tangible medium:
On the day on which the Agreement is concluded.
9.2. To make use of the Right of Withdrawal, You must inform the Web Shop by means of an unambiguous statement that You are making use of the Right of Withdrawal. You can use the withdrawal form that You receive from the Web Shop for this. You can also find the withdrawal form as an appendix to these general terms and conditions. You must send the statement before the period referred to in Article 9.1 has expired.
9.3. If You have not yet received the withdrawal form from the Web Shop, the 14-day period referred to in paragraph 1 of this article is extended until the moment on which You have (still) received the withdrawal form, but by a maximum of twelve months.
9.4. If You make use of the Right of Withdrawal, You must:
- handle all received items and their packaging with care. You may only unpack or use those items (products) to the extent necessary to determine the nature, characteristics and functioning of the item. If You handle the item in another way, You are liable for any depreciation in value of the item caused thereby, unless the Web Shop has not provided You with all legally required information about the Right of Withdrawal before or at the conclusion of the Agreement;
- return the item (the product) to the Web Shop within 14 days counting from the day after the day on which You made the statement referred to in Article 9.2.
The direct costs of returning an item are at Your expense, but only if the Web Shop informed You about this before concluding the Agreement.
- return the item as much as possible with all delivered accessories, in the original condition and packaging and in accordance with the instructions the Web Shop has reasonably and clearly provided to You.
9.5. If You make use of the Right of Withdrawal, the Agreement is dissolved. This also applies to any additional Agreements. In that case, the Web Shop will refund the payments You have made to the Web Shop, including any costs (for example for delivery). The Web Shop does this in any case within 14 days after the day on which You made the statement referred to in Article 9.2.
9.6. You bear the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal.
Article 10 – Exclusion of the right of withdrawal
10.1. If You are not a Consumer, You cannot make use of the Right of Withdrawal. Not even if You have received a withdrawal form.
10.2. If You are a Consumer, You cannot – contrary to Article 9 – make use of the Right of Withdrawal if:
- the Web Shop has excluded the Right of Withdrawal, and
- the Web Shop clearly informed You about the exclusion of the Right of Withdrawal before concluding the Agreement, and
- the excluded Right of Withdrawal relates to:
o an Agreement in which the price of the goods or services is tied to fluctuations in the financial markets over which the Web Shop has no influence and which may occur within the withdrawal period;
o an Agreement in which You have specifically requested the Web Shop to visit You in order to carry out urgent repairs or maintenance there, with the exception of:
. additional services You did not expressly request;
. the delivery of items other than those necessary to carry out the maintenance or repairs;
o an Agreement concluded during a public auction;
o an Agreement for the performance of services, after performance of the Agreement, and insofar as the Agreement entails a payment obligation for You, if:
. performance has begun with Your express prior consent; and
. You have declared that You waive the Right of Withdrawal as soon as the Web Shop has performed the Agreement;
o an Agreement for the performance of services aimed at making accommodation available other than for residential purposes, of the carriage of goods, of car rental services, of catering and of services relating to leisure activities, if the agreement provides for a specific date or period of performance;
o a consumer sale (as referred to in Article 5 paragraph 1, subsection a, of Book 7 of the Dutch Civil Code) relating to:
. the delivery of items manufactured according to Your specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision by You, or that are clearly intended for a specific person;
. the delivery of items that spoil quickly or that have a limited shelf life;
. the delivery of items that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
. the delivery of items that, after delivery, by their nature are irrevocably mixed with other items;
. the delivery of alcoholic beverages whose price was agreed upon at the conclusion of a consumer sale, but whose delivery can only take place after thirty days, and whose actual value depends on fluctuations in the market over which the Web Shop has no influence;
. the delivery of audio and video recordings and computer software whose seal has been broken after delivery;
. the delivery of newspapers, periodicals or magazines, with the exception of an agreement for the regular delivery of such publications;
o an agreement for the delivery of digital content that is not delivered on a tangible medium, insofar as performance has begun, and insofar as the Agreement entails a payment obligation for You, if:
. performance has begun with Your express prior consent;
. You have declared that You thereby waive the Right of Withdrawal; and
. the Web Shop has provided a confirmation as referred to in Article 230t paragraph 2, or Article 230v paragraph 7 of Book 6 of the Dutch Civil Code.
Article 11 – Termination
11.1. If the Agreement can be terminated, termination must take place in accordance with the termination rules and notice period You have agreed with the Web Shop.
11.2. If You are a Consumer, the following rules and periods apply with regard to terminations. The Web Shop may not deviate from these to the detriment of You as a Consumer:
o If the Agreement has been entered into for an indefinite period and is aimed at the regular delivery of goods, including electricity, heat and cold, or at the regular performance of services, You have the right to terminate the Agreement at any time.
o If the Agreement has been entered into for a definite period and is aimed at the regular delivery of goods, including electricity, heat and cold, or at the regular performance of services, You have the right to terminate the Agreement towards the end of the (fixed) term. However, if that Agreement has been tacitly renewed, You may terminate the Agreement at any time.
o The notice period is a maximum of one month, unless the Agreement is aimed at the regular delivery of periodicals, daily, news and/or weekly papers, where delivery takes place less than once a month. In that case, the notice period is a maximum of three months.
o If the Agreement has been entered into for a definite period and is aimed at the regular delivery of goods, including electricity, heat and cold, or at the regular performance of services, the Agreement may not be tacitly renewed or extended for a definite period, unless the Agreement concerns the regular delivery of periodicals, daily, news and/or weekly papers. In the latter case, the Agreement may be tacitly renewed for a definite period of a maximum of three months, and You have the right to terminate the Agreement towards the end of the renewal with a notice period of a maximum of one month.
o An Agreement for the delivery of periodicals, daily, news and/or weekly papers that has a limited duration and is intended as an introduction (a trial subscription) is not tacitly continued and ends automatically (without termination) at the end of the (limited) duration of the Agreement (the trial period).
o Any Agreement that lasts longer than one year may be terminated by You at any time after the first year, unless reasonableness and fairness oppose termination before the end of the agreed term.
11.3. If You are not a Consumer, You may only terminate the Agreement if this is expressly provided for in the Agreement and in accordance with the termination rules and notice periods specified therein.
Article 12 – Personal data
12.1. The Web Shop processes personal data only in accordance with applicable laws and regulations. This means, among other things, that:
o the Web Shop only processes personal data insofar as that processing can be based on one of the legal grounds set out in Article 6 of the General Data Protection Regulation (GDPR);
o the Web Shop ensures appropriate technical and organizational measures to properly secure the personal data it processes;
o the Web Shop will only share personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements applicable to the sharing of personal data are met;
o personal data is not retained longer than necessary for the purposes for which it was collected, unless the Web Shop is legally obliged to retain the data longer;
o You have, among other things, the right to view, correct, have deleted, restrict the processing of, object to the processing of, or – where applicable – transfer Your personal data.
Article 13 – Complaints
13.1. The Web Shop has a clear complaints procedure. The Web Shop handles every complaint in accordance with this complaints procedure.
13.2. If You have a complaint about the performance of the Agreement, You must submit it to the Web Shop fully and clearly described within two months after You discovered the defect.
13.3. The Web Shop responds as far as possible within 14 days of receiving the complaint. If a complaint requires a longer processing time, You will receive an acknowledgment of receipt within the aforementioned period of 14 days, containing at least an indication of when You can expect a more detailed response.
13.4. In the case of complaints, You must always first address the Web Shop and investigate whether the Web Shop can offer You a suitable solution. If the Web Shop is affiliated with WebwinkelKeur and the parties cannot resolve the matter between themselves, You can turn to WebwinkelKeur (www.webwinkelkeur.nl). WebwinkelKeur mediates free of charge. You can check whether the Web Shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/.
13.5. If mediation by WebwinkelKeur does not lead to a solution, You can also submit the complaint to the independent disputes committee designated by WebwinkelKeur. If You choose to do so, costs may be charged to You.
Article 14 – Governing law and choice of forum
14.1. Dutch law applies exclusively to the Agreement.
14.2. In addition to the option of using the complaints procedure described in Article 13, You can submit disputes to the court. In those cases, the court of the district in which the Web Shop is established has jurisdiction to hear the dispute, to the exclusion of other competent courts and arbitration. Unless a court in another location has jurisdiction on the basis of a mandatory statutory provision.
Model withdrawal form:
Withdrawal form
(only complete and return this form by prepaid post if you wish to withdraw from the agreement)
— To:
HolyOlive.Shop
Kerkstraat 6
2831 AS Gouderak
Netherlands
or by email: hello@holyolive.shop
— I/We (*) hereby give notice (*) that I/we (*) withdraw (*) from our agreement concerning the sale of the following goods/the provision of the following service (*)
— Ordered on (*)/Received on (*):
— Name/Names of Consumer(s):
— Address of Consumer(s):
— Signature of Consumer(s) (only when this form is submitted on paper)
— Date: