General Terms and Conditions

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 the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination, and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off 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 enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available to a consumer who wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Statutory name: V.O.F. Jyoti's Flavours

Production address: De Mommers 1, 5581 AK Waalre, the Netherlands

Postal address: Groeneweg 19, 1971 NR IJmuiden, the Netherlands

Email address: info@jyotisflavours.nl

Chamber of Commerce number: 93272073

VAT identification number: NL866335183B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded, that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that it can be easily stored by the consumer on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, then the contract and these conditions will remain in effect for the rest and the relevant provision will be replaced immediately in mutual consultation by a provision that approximates the original as closely as possible.
Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
1. the price including taxes;
2. any shipping costs;
3. the way in which the agreement will be concluded and what actions are required for it;
4. whether the right of withdrawal applies;
5. the method of payment, delivery, and execution of the agreement;
6. the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
7. the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the used means of communication;
8. whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
9. the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him under the agreement;
10. the possible other languages in which, besides Dutch, the agreement can be concluded;
11. the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
12. the minimum duration of the distance contract in the case of an extended transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the offer's acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Within legal frameworks, the entrepreneur can inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it on a durable data carrier in an accessible manner, with the product or service:
1. the visit address of the entrepreneur's establishment where the consumer can go with complaints;
2. the conditions under and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about warranties and existing post-purchase service;
4. the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a lasting transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon purchasing products, the consumer has the option to dissolve the contract without providing any reason for doing so within 14 days. This reflection period begins the day after the product is received by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he opts to use his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must communicate this intention using the model form. After the consumer has indicated his desire to utilize his right of withdrawal, he must return the product within 14 days. The consumer is required to prove that the goods were returned on time, for example, through a proof of postage.
If the customer has not indicated his desire to exercise his right of withdrawal after the periods mentioned in paragraphs 2 and 3 have elapsed, or if the product has not been returned to the entrepreneur, the purchase is finalized.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by him.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, on the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

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 has clearly mentioned this in the offer, at least in time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
1. that have been made by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly personal in nature;
3. that by their nature cannot be returned;
4. that can spoil or age quickly;
5. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software whose seal the consumer has broken.
8. for hygienic products whose seal the consumer has broken.

Article 9 - The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependency on fluctuations and the fact that any mentioned prices are indicative prices, will be stated in the offer.
Price increases within 3 months after the agreement has been concluded are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the agreement has been concluded are only allowed if the entrepreneur has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the right to terminate the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to print and typesetting errors. No liability is accepted for the consequences of print and typesetting errors. In case of print and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the date of the conclusion of the contract. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur under the contract.
Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be done in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
1. The consumer has repaired and/or modified the delivered products themselves, or had them repaired and/or modified by third parties;
2. The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
3. The defectiveness is wholly or partly the result of regulations that the government has or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery shall be the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders with competent speed but within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If the delivery experiences a delay, or if an order cannot be executed or can only be executed partially, the consumer shall be notified no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
In the case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but within 14 days after dissolution at the latest.
If delivery of an ordered product proves to be impossible, the entrepreneur shall endeavor to provide a replacement article. It shall be clearly and understandably stated at the time of delivery that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur known representative, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Cancellation, and Extension

Cancellation

The consumer may at any time terminate an agreement that has been entered into for an indefinite period and that pertains to the regular delivery of products (including electricity) or services, with observance of the agreed-upon cancellation rules and a notice period of at most one month.
The consumer may at any time terminate an agreement that has been entered into for a definite period and that pertains to the regular delivery of products (including electricity) or services, at the end of the specified duration with observance of the agreed-upon cancellation rules and a notice period of at most one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:
1. at any time and not be limited to cancellation at a specific time or in a specific period;
2. at least in the same manner as they were entered into by him;
3. always with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement that has been entered into for a definite period and that pertains to the regular delivery of products (including electricity) or services may not be extended or renewed for a definite period silently.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that pertains to the regular delivery of daily, news, and weekly papers and magazines may be silently extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a definite period and that pertains to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month, and a notice period of at most three months in the case the agreement pertains to the regular, but less than once a month, delivery of daily, news, and weekly papers and magazines.
An agreement with a limited duration for the regular trial delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) is not silently continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may after a year terminate the agreement at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless agreed otherwise, the amounts due by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in provided or stated payment information to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, within legal limits, to charge reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has noticed the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a receipt notice and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution process. In case of complaints, a consumer should first turn to the entrepreneur.
If the webshop is affiliated with the Webshop Trustmark Foundation and for complaints that cannot be resolved through mutual consultation, the consumer should turn to the Webshop Trustmark Foundation (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by the Webshop Trustmark Foundation, the verdict of which is binding and both entrepreneur and consumer agree to this binding verdict. Presenting a dispute to this dispute committee involves costs that the consumer must pay to the respective committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at her choice.

Article 15 - Disputes

The contracts between the entrepreneur and the consumer to which these general conditions apply shall be governed exclusively by Dutch law. This is also the case if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Supplementary or deviating provisions

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