GENERAL TERMS AND CONDITIONS
General terms and conditions of sale and delivery
I General
1.1 These terms and conditions form part of every agreement and its execution, whereby an agreement is concluded through the D-Break Food & Drinks online store and it acts as seller towards a buyer.
1.2 Webshop D-Break Food & Drinks is located in Zaandam, Westzijde 49, 1506 EB.
1.3 Webshop D-Break Food & Drinks offers services via its website regarding the sale and delivery of luxury sandwiches, appetizers, and related items in the Zaanstad region.
1.4 Any general terms and conditions used by the buyer, however named, are expressly rejected and shall not apply to this agreement, unless these terms and conditions or one or more provisions thereof have been expressly accepted in writing by the seller.
1.5 Amendments to the agreement concluded between the seller and the buyer and deviations from these general terms and conditions of sale and delivery will only be effective if they have been agreed in writing between the seller and the buyer.
1.6 Webshop D-Break Food & Drinks reserves the right to change and/or supplement these General Terms and Conditions.
II Definitions
2.1 Where these terms and conditions refer to 'buyer', this refers to a counterparty of the D-Break Food & Drinks web shop site, a natural person, partnership, company or legal entity that has placed an order for the performance of a service via the website.
2.2 The 'website' refers to the website maintained by D-Break with the URL http://www.d-breakzaandam.nl
2.3 An order consists of the goods listed in the concluded agreement.
III Offers and agreement
3.1 Offers or price quotes via the website should be considered invitations to potential buyers to make an offer. Webshop D-Break Food & Drinks is in no way bound by such offers or price quotes, nor by any offer from potential buyers, unless this is clearly and unambiguously recorded in writing. Acceptance of an invitation to make an offer by the potential buyer is considered an offer and only leads to the conclusion of an agreement if the other provisions of this article are met.
3.2 An offer from a potential buyer as referred to in Article 3.1 is deemed to have been made in one of the following circumstances: the potential buyer has fully entered the information on the appropriate form on the website and electronically sent the relevant data to the D-Break Food & Drinks online store. This information has been received by the D-Break Food & Drinks online store; or the D-Break Food & Drinks online store has issued a personalized offer to the potential buyer, which offer has been accepted in writing by the potential buyer.
3.3 An agreement is concluded when an order confirmation is handed to the buyer or, if the offer was made through the website, is sent by email to the email address provided by the buyer. This agreement can be revoked by the online store D-Break Food & Drinks if the buyer does not meet the conditions set by the online store D-Break Food & Drinks or if it becomes apparent at any time that the buyer has not met the conditions in the past.
3.4 All prices are expressed in euros, in accordance with legal requirements, and include VAT. The buyer owes the price communicated by the D-Break Food & Drinks webshop in its confirmation in accordance with Article 2.3 of these terms and conditions. One of the conditions stated in 3.3 is that the purchase price is due in advance, unless otherwise agreed. During this period, the D-Break Food & Drinks webshop will not deliver any products. Payments can be made via iDEAL when ordering.
3.5 Information, images, verbal statements, and specifications regarding all offers and the main characteristics of the products provided in any way by the D-Break Food & Drinks webshop via the website are presented and/or provided as accurately as possible. However, the D-Break Food & Drinks webshop cannot guarantee that all offers and products fully correspond to the information provided. Deviations cannot constitute grounds for and/or cause for compensation and/or termination.
3.6 Obvious (manipulation) errors in the price quote, such as obvious inaccuracies, can be corrected by the online store D-Break Food & Drinks even after the agreement has been concluded. Special offers are only valid while supplies last.
3.7 Depending on the order size expressed in euros, order fees may be charged. These are reflected in the total amount payable, including VAT.
3.8 It is possible that the ordered products are out of stock on the day of delivery. The seller will notify the customer of this one day before delivery via the telephone number or email address provided in the agreement. In this case, two situations may arise: due to the undeliverability of the goods, there are no products left in the delivery, at which point the buyer is entitled (if paid in advance) to a refund of the agreement amount, including delivery costs. In the second case, Article 4.6 of these general terms and conditions applies, and the buyer is entitled to a refund (if paid in advance) of the value of the missing goods stated in the agreement.
3.9 Once an agreement has been concluded in accordance with Article 3.3, the buyer can no longer change or cancel an order.
3.10 Ordering additional new products always results in a new order with the applicable order costs. This also applies to replacement orders resulting from events mentioned in Article 3.8.
3.11 The cooling-off period referred to in Article 7:46d paragraph 1 of the Dutch Civil Code does not apply, as it concerns matters that can spoil or become outdated quickly, as referred to in Article 7:46d paragraph 4 sub 4 of the Dutch Civil Code.
IV Delivery and delivery time
4.1 Orders will be delivered by the D-Break Food & Drinks online store to the address entered by the buyer in the agreement within the delivery area of the D-Break Food & Drinks online store.
4.2 If the buyer's order is placed before 4:00 p.m. in the afternoon, the desired delivery can take place the next day.
4.3 The order will be delivered within the time slot specified in the order in question.
4.4 The time slot indicated by the buyer in the order is an indication only and no rights can be derived from it.
4.5 The buyer must inspect the products immediately upon receipt. Any discrepancies found compared to the order must be reported immediately to the driver. The driver will make a note of this on the packing slip and initial it. The seller is then entitled to a refund of the value of the missing quantities/products stated in the agreement (if paid in advance).
4.6 If, at the intended delivery time, neither the buyer nor a designated person is present at the delivery address, or if the buyer or the aforementioned designated person is unable or unwilling to accept the package, the D-Break Food & Drinks webshop will no longer guarantee the proper temperature of the package's contents. In such a case, the driver will, if possible, deliver the package to a neighbor or across the street; otherwise, the driver will take the order back with them. In such cases, the driver will leave a note in your mailbox.
4.7 If the driver takes the order back as stated, the buyer will be offered the option to collect the order the same day before 5:00 PM at the address of the D-Break Food & Drinks webshop, always after prior consultation by telephone between the buyer and D-Break Food & Drinks. After this, all claims of the buyer under the agreement will expire, including the right to a refund of the amount paid by the buyer (if paid in advance).
V Force Majeure
5.1 The seller is entitled, without default, to suspend delivery of the goods purchased by the buyer if, as a direct or indirect consequence of one or more of the causes listed in Article 5.3 – regardless of whether these were foreseeable at the time the agreement was concluded – the goods cannot reasonably be delivered or cannot be delivered on time.
5.2 If, as a result of one or more of the causes mentioned in this article 8.3, the seller may require the buyer to choose between delivery on another day or cancellation of the agreement.
5.3 Force majeure on the part of the seller shall exist if, after the conclusion of the purchase agreement, the seller is prevented from fulfilling its obligations under this agreement or from preparing for them as a result of, among other things, war, threat of war, civil war, riots, terrorist attacks, unrest, strikes, occupation of a factory, lockout, fire, environmental and water damage, flooding, government measures including import and export measures, extreme weather conditions, disruptions in the supply or provision of raw materials and auxiliary materials, disruptions in the supply of energy and business supplies, default by a supplier from whom the seller obtains its goods, defects in machinery and installations including refrigeration systems, defects in means of transport, transport obstacles, disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time, and furthermore as a result of all other causes beyond the fault or risk of the seller.
5.4 If, due to force majeure as referred to in Article 5.3, delivery cannot take place on the desired date, the agreement will be considered terminated. The buyer is then entitled to reimbursement of the amount paid based on the termination agreement.
VI Complaints
6.1 If the buyer receives products in poor condition or that do not meet the quality requirements for the products, we request that the buyer notify us immediately, no later than three hours after receipt. To do so, the buyer can contact D-Break Food & Drinks at lunchroom.dbreak@gmail.com or by phone at 0756144609. D-Break Food & Drinks will ensure that the complaint is handled as efficiently and quickly as possible.
6.2 If the driver is still present when the defect is discovered, a sample of the product will be taken back for examination.
6.3 The buyer is obligated to keep the products about which the complaint has been made available to the seller for a reasonable period, but in any case for 5 days, and to exercise all reasonable care to maintain the quality as observed upon delivery. If requested by the seller, the seller will schedule a time during this period to return the product for inspection.
6.4 If the seller finds the complaint to be justified, the buyer is entitled to reimbursement of the value of the goods in question as stated in the agreement.
6.5 Other complaints regarding the services can be reported to D-Break Food & Drinks via e-mail or by telephone. In accordance with Article 7, complaints can never lead to compensation.
6.6 Returns by the buyer are only permitted if the seller has given express prior written consent.
VII Liability
7.1 D-Break Food & Drinks is nimmer aansprakelijk voor enige indirecte schade van de koper of van derden, waaronder begrepen gevolgschade, bedrijfsschade, vertragingsschade, winstderving of letselschade, of enige (andere) indirecte schade, uit welke oorzaak dan ook en door wie ook geleden.
7.2 De koper vrijwaart D-Break Food & Drinks voor alle aanspraken van derden, uit welken hoofde dan ook, ter zake van vergoeding van de schade, kosten en/of interesten, veroorzaakt door, voorgevallen bij, of op enigerlei wijze verband houdende met de door ons geleverde zaken en/of onze uitvoering van de prestatie.
7.3 Indien de verkoper door de koper aansprakelijk wordt gehouden wegens een gebrekkige levering, zal de door de verkoper te betalen schadevergoeding beperkt zijn tot het bedrag van de koopsom van de geleverde zaken.
7.4 De verkoper aanvaard geen aansprakelijkheid voor directe of indirecte schade die de koper zal lijden als gevolg van het feit dat de geleverde zaken een gebrek vertonen of hebben, tenzij de koper aantoont dat sprake is van opzet of bewuste roekeloosheid aan de zijde van de verkoper dan wel dat hij bewijst dat de verkoper met het gebrek bekend is geweest en de koper de hoogte van zijn schade kan specificeren en bewijzen.
VIII Personal data
8.1 All information provided by (potential) buyers for their offers will be handled with the utmost care. The D-Break Food & Drinks webshop will only process the buyer's information in accordance with its privacy policy. This policy is published on the website.
IX Toepasselijk recht
9.1 All agreements concluded between the buyer and the seller are exclusively governed by Dutch law.
9.2 The “Uniform Law on the International Sale of Goods” means the Uniform Law on the Formation of Contracts for the International Sale of Goods” as well as any current or future international regulation on the sale of goods, the effect of which can be excluded by the parties.
X Disputes
10.1 Any dispute arising from the agreement or subsequent agreement concluded between the seller and the buyer, including the collection of a claim, shall be submitted exclusively to the competent Dutch court in the District Court of Utrecht, with the exception of disputes falling within the jurisdiction of the Subdistrict Court.
10.2 The interpretation of these general terms and conditions in accordance with the Dutch version is binding.
D-Break Food & Drinks online store
p/a
Westside 49
1506 EB ZAANDAM
The Netherlands
tel:0756144609