General Terms and Conditions
Article 1: Definitions.
Words used in these Terms and Conditions, in singular or plural, beginning with a capital letter, shall have the meaning as defined below in this Article.
- 1.1 General Terms and Conditions: these general terms and conditions, listed on the website www.persiancaviar.nl.
- 1.2 Order procedure: the procedure Customer goes through by telephone, at home or via the website, to order a Product.
- 1.3 Customer: the other party of Persian Caviar with whom Persian Caviar enters into an Agreement.
- 1.4 Agreement: agreement, of which the General Conditions form an integral part, concerning the purchase and delivery of a Product.
- 1.5 Parties: Persian Caviar and Customer jointly.
- 1.6 Persian Caviar: the party serving General Terms and Conditions, also the other party to the Customer.
- 1.7 Website: the website of Persian Caviar, found under the URL http://www.persiancaviar.nl.
- 1.8 Product: items, which Persian Caviar offers on its Website, door-to-door or other media, which Customer can order.
Article 2: Applicability
- 2.1 The General Terms and Conditions apply to all Agreements, any (email) newsletters, the Website, the Order Procedure as well as contacts and/or (legal) acts between Parties, even if these (legal) acts do not lead to an Agreement.
- 2.2 Applicability of general delivery or payment terms and/or other general or special terms of Customer is expressly excluded.
Article 3: Formation of agreement
- 3.1 The Products offered on the Website with associated prices are considered a non-binding offer, which can be accepted by Customer either directly to Persian Caviar or by going through and completing the entire Order process. The Agreement may be concluded orally, in writing or electronically. Persian Caviar will confirm the establishment of the Agreement to the Customer in writing or electronically.
- 3.2 Persian Caviar does not guarantee that the offer referred to above is without errors and/or omissions. Printing and typographical errors are therefore expressly reserved and may be grounds for not enforcing the Agreement. If Persian Caviar decides to do so, it will notify Customer immediately.
- 3.3 If for any reason whatsoever, including the situation referred to in the last sentence of the preceding paragraph, the Agreement is not concluded, or is dissolved, Persian Caviar shall ensure that – if an advance payment has been made by the Client – the amounts paid, as soon as possible for Persian Caviar, are refunded to the Client. In any case, this refund will be within 30 (thirty) days. In the event that this situation occurs within the first 14 days after the Product has been delivered, the statutory right of withdrawal as mentioned in Article 7 and its terms and conditions shall apply.
- 3.4 Persian Caviar is entitled, without giving reasons, to refuse a request to enter into an Agreement, or to attach additional conditions to the conclusion of the Agreement. Persian Caviar reserves the right to terminate the Agreement if the customer fails to comply with the provisions of these terms and conditions.
- 3.5 Persian Caviar determines in which zip code areas it delivers its products. A Customer may be rejected because Persian Caviar does not deliver to a particular zip code area.
Article 4: Prices and payment
- 4.1 Prices as mentioned on the Website are in Euros and include VAT, as well as other government imposed levies. Prices include shipping and delivery charges unless otherwise shown.
- 4.2 Persian Caviar is entitled to adjust prices at any time.
- 4.3 For payment, the Customer can only use the payment methods agreed upon at the time of the order.
Article 5: Delivery and delivery period
- 5.1 The delivery times as stated on the Website and as well as in confirmation emails are indicative.
- 5.2 Persian Caviar will make every effort to meet these indicatively given delivery dates.
- 5.3 If and to the extent that Persian Caviar is unable to deliver the Products ordered to the Customer within 60 (sixty) days, the Customer has the right, after Persian Caviar has given notice of its inability to execute the Agreement within the period specified above, to cancel the Agreement. Article 3.4 then applies mutatis mutandis.
- 5.4 Deliveries shall be made to the address provided by the Customer during the formation of the agreement.
- 5.5 If at the intended time of delivery by the delivery person neither the Customer nor a person designated by him is present at the delivery address or the Customer or the above-mentioned designated person is unable or unwilling to take delivery of the Product, Persian Caviar does not guarantee the quality of the items of the Product from that moment on.
- 5.6 If personal transfer of the Product is not possible, the agreement may be fulfilled by placing the Product at the door of the home. Once the Product is at your doorstep, Persian Caviar is not responsible for the quality of the items of the Product from that point on.
- 5.7 If placing in front of the door is not possible, the agreement may be fulfilled by placing the Product in front of the door of the building. Once the products are at the door of the building, Persian Caviar is not responsible for the quality of the items of the Product from then on.
Article 6: Claims
- 6.1 If and to the extent that, in the opinion of the Customer, the characteristics of the Product do not comply with the Agreement, the Customer shall enter into consultation with Persian Caviar. Since the products delivered are mostly fresh/refrigerated/frozen products, the items are not returned to Persian Caviar by the Customer. Reclamation is only possible if:
- a. Customer has immediately inspected the delivery upon receipt and has indicated any defects to Persian Caviar by email within two days;
- b. Customer hereby includes at least name, main delivery address and a description of the defect;
- c. Customer has not consumed any of the items of the delivery on which Customer claims.
- 6.2 If, after investigation by Persian Caviar, it appears that the properties of the Product do meet the Agreement, Persian Caviar will consult with the Customer.
- 6.3 If, after investigation by Persian Caviar, it appears that the characteristics of the Product do not comply with the Agreement, the Customer is entitled to a replacement Product, if still available.
- 6.4 Where the preceding paragraph refers to the value of the Product, it means the price agreed in the Agreement.
Article 7: Right of withdrawal
- 7.1 Please note the information below regarding the legal right of withdrawal for users.
- 7.2 You have the right to revoke the agreement within a period of 14 days without giving reasons. If you exercise your right of withdrawal, you are obligated to pay the cost of return shipping. Please note that perishable goods are excluded from the legal right of withdrawal.
- 7.3 To revoke the Agreement you may use the model form which can be found at the end of this page or by using the model form in .pdf.
- 7.4 Upon withdrawal of the Product, refund of prepaid deliveries will be made within 14 days.
Article 8: Costs in case of withdrawal
- 8.1 If the Customer exercises his right of withdrawal, at most the costs of return shipment shall be borne by him.
Article 9: Force Majeure
- 9.1 In cases of force majeure, Persian Caviar is not obliged to fulfill its obligations to the Customer. Persian Caviar is entitled to suspend its obligations for the duration of the force majeure.
- 9.2 Force majeure shall mean any circumstance beyond its control that prevents the fulfillment of its obligations to the Customer in whole or in part. Such circumstances include, among others, strikes, fires, transport failures, operational failures, energy failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of the Website at any time, non-delivery or late delivery of suppliers or other third parties engaged and the absence of any permit to be obtained through governmental authorities.
Article 10: Processing personal data
- 10.1 If and to the extent personal data of Customer is processed, such processing applies only to:
- a. be able to perform and enforce the Agreement;
- b. Inform the Customer of deliveries;
- c. subject to the limitation of the following paragraph, inform the Customer about (new) products and services of Persian Caviar.
- 10.2 For sending commercial communications by electronic means to Customers (such as, for example, but not exclusively e-mail newsletters and SMS messages) as referred to in the preceding paragraph under c, the Customer is asked permission through these general conditions during the Order procedure of Persian Caviar, and only if this permission is granted by the Customer will Persian Caviar send these communications.
- 10.3 The Client is entitled at any time to inspect its personal data free of charge and, if desired, to have it amended by Persian Caviar in the event of inaccuracies.
Article 11: Applicable law, complaints and disputes.
- 11.1 The Agreement and further, resulting agreements are governed by Dutch law.
- 11.2 If and to the extent there is a complaint, Customer shall contact Persian Caviar, which contact may be by telephone, in writing and by email at email@example.com. The contact information that can be used for this purpose is listed at the bottom of these Terms and Conditions. Persian Caviar shall respond to a complaint as aforesaid no later than 30 (thirty) days.
Article 12: Other provisions
- 12.1 Persian Caviar is authorized to amend these General Terms and Conditions at any time. Current Agreements will be fulfilled under the old agreed terms after modification of the General Terms and Conditions.
Model withdrawal form:
(Complete and return this form only if you wish to revoke the agreement).
- To: Persian Caviar
Gevers Deynootweg 57E
2586 BG The Hague