Privacy policy

General Terms and Conditions of De Bonte Koe BV, located in Schiedam Version valid from June 23, 2018

1. General 1.1 These general terms and conditions apply to all offers from De Bonte Koe BV. The terms and conditions are accessible to everyone and are included on the website of De Bonte Koe BV. Upon request, we can provide you with a written copy. 1.2 By placing an order, you indicate that you agree to the delivery and payment terms. De Bonte Koe BV reserves the right to change its delivery and/or payment terms after the expiry of the period. 1.3 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by De Bonte Koe BV. 1.4 De Bonte Koe BV guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

2. Ordering Time 2.1 You can place orders from Monday to Friday until 4:00 PM. In principle, you will receive the products the next day; we cannot guarantee this, unfortunately. Products for delivery on Monday must be ordered by Friday at 4:00 PM. 2.2 Orders are always confirmed by an email to the email address you provided. Please double-check all details. De Bonte Koe BV is not responsible for any typographical errors. 2.3 De Bonte Koe BV is not responsible for incorrectly provided addresses.

3. Delivery 3.1 Delivery is subject to stock availability. 3.2 In accordance with the rules of distance selling, De Bonte Koe BV will execute orders within 30 days at the latest. If this is not possible (because the ordered product is out of stock or no longer available), or for any other reason, there is a delay, or an order cannot be executed in whole or in part, the consumer will be notified within 1 month after placing the order, and in such cases, the consumer has the right to cancel the order without cost and notice of default. 3.3 We do not deliver on Sundays and holidays, King's Day, New Year's Eve, and December 24, unless otherwise agreed with you. 3.4 Due to calamities and natural disasters, we reserve the right not to deliver the products.

4. Payment 4.1 When ordering through the website, the Buyer can only pay in advance via iDeal and Credit Card. 4.2 Products not paid for via iDeal or Credit Card will not be delivered. 4.3 Orders on invoice must be paid within 14 days to IBAN NL66 INGB 0009 6792 38, mentioning the invoice number.

5. Prices 5.1 All prices on the website are in EUROs and include 9% VAT. 5.2 Prices will not be increased during the validity of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases. 5.3 All prices on the website are subject to typographical and printing errors. No liability is accepted for the consequences of typographical and printing errors.

6. Warranty 8.1 De Bonte Koe BV guarantees that the products delivered by it meet the requirements of usability, reliability, and lifespan as intended by the parties to the purchase agreement, and that the products meet the specifications mentioned in the offer. 8.2 De Bonte Koe BV is never responsible for the ultimate suitability of the goods for each individual application by the buyer, nor for any advice regarding the use or application of the goods. 8.3 The buyer is obliged to immediately inspect the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective, or incomplete, the buyer must report these defects immediately in writing to De Bonte Koe BV, before proceeding to return the goods to De Bonte Koe BV. Any defects or wrongly delivered goods must and can be reported to De Bonte Koe BV in writing up to a maximum of 2 months after delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Use after detection of defect, damage caused after detection of defect, encumbrance, and/or resale after detection of defect, will invalidate this right to complain and return in its entirety. 8.4 If complaints from the buyer are found to be justified by De Bonte Koe BV, De Bonte Koe BV will, at its option, replace the delivered goods free of charge or make a written agreement with the buyer about compensation, with the understanding that the liability of De Bonte Koe BV and, therefore, the amount of compensation will always be limited to a maximum of the invoice amount of the relevant goods, or (at the option of De Bonte Koe BV) to the maximum amount covered by the liability insurance of De Bonte Koe BV in the relevant case. Any liability of De Bonte Koe BV for any other form of damage is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage, or damage due to lost profits. 8.5 De Bonte Koe BV is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff. 8.6 This warranty does not apply if: A) and as long as the buyer is in default towards De Bonte Koe BV; B) the goods delivered have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of De Bonte Koe BV and/or the instructions on the packaging;

7. Offers 9.1 Offers are without obligation unless otherwise stated in the offer. 9.2 Upon acceptance of a non-binding offer by the buyer, De Bonte Koe BV reserves the right to withdraw or deviate from the offer within 3 working days after receipt of that acceptance. 9.3 Oral commitments only bind De Bonte Koe BV after they have been explicitly and in writing confirmed. 9.4 Offers from De Bonte Koe BV do not automatically apply to repeat orders. 9.5 De Bonte Koe BV cannot be held to its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or error. 9.6 Additions, changes, and/or further agreements are only valid if agreed in writing.

8. Agreement 10.1 An agreement between De Bonte Koe BV and a customer is concluded after an order has been assessed for feasibility by De Bonte Koe BV. 10.2 De Bonte Koe BV reserves the right to refuse orders or assignments without giving reasons or to only accept them on the condition that the shipment is made cash on delivery or after prepayment.

9. Images and Specifications 11.1 All images; photos, drawings, etc.; including data concerning weights, dimensions, colors, images of labels, etc. on the website of De Bonte Koe BV are only approximate, indicative, and cannot be a reason for compensation or dissolution of the agreement.

10. Force Majeure 12.1 De Bonte Koe BV is not liable if and insofar as its obligations cannot be fulfilled due to force majeure. 12.2 Force majeure is understood to mean any foreign cause, as well as any circumstance that, in reasonableness, cannot be attributed to it. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in email traffic, and disruptions or changes in technology supplied by third parties, transportation difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of De Bonte Koe BV as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly considered force majeure. 12.3 In the event of force majeure, De Bonte Koe BV reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part or to demand that the content of the agreement be amended in such a way that execution remains possible. In no event is De Bonte Koe BV obliged to pay any penalty or compensation. 12.4 If De Bonte Koe BV has already partially fulfilled its obligations at the time of force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already delivered or deliverable part and the buyer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

11. Reservation of Ownership 13.1 Ownership of all goods sold and delivered by De Bonte Koe BV to the customer remains with De Bonte Koe BV until the customer has paid all claims of De Bonte Koe BV under the agreement or previous or subsequent similar agreements, as long as the customer has not paid for the work performed or to be performed under these or similar agreements, and as long as the customer has not paid the claims of De Bonte Koe BV for failure to fulfill such obligations, including claims for fines, interest, and costs, as referred to in Article 3:92 BW. 13.2 The goods delivered by De Bonte Koe BV that fall under the reservation of ownership may only be resold in the context of normal business operations and may never be used as a means of payment. 13.3 The customer is not authorized to pledge the goods falling under the reservation of ownership or to encumber them in any other way. 13.4 The customer now unconditionally and irrevocably grants permission to De Bonte Koe BV or a third party appointed by De Bonte Koe BV to enter all those places where its properties will then be located and to take those items there. 13.5 If third parties seize the goods delivered under reservation of ownership or wish to establish or assert rights to them, the customer is obliged to inform De Bonte Koe BV as quickly as can reasonably be expected.

12. Applicable Law/Jurisdiction 14.1 Dutch law applies to all agreements. 14.2 Disputes arising from an agreement between De Bonte Koe BV and the buyer that cannot be resolved by mutual agreement will be decided by the competent court within the Rotterdam district, unless De Bonte Koe BV prefers to submit the dispute to the competent court in the buyer's place of residence, with the exception of those disputes that fall under the jurisdiction of the subdistrict court.

13. Gift Cards 15.1 Gift cards are valid for 1 year from the date of issue.

14. Business Orders 16.1 Business orders must be approved by De Bonte Koe, after which you will receive an invoice. 16.2 The invoice must be paid within 14 days to IBAN NL66 INGB 0009 6792 38, mentioning the invoice number. 16.3 Address details for sending chocolate will be deleted from the online and offline environment after use.