General Terms and Conditions
Definitions
1. Candy Land Candy Land, established in Zoetermeer under Chamber of Commerce no. 89833651
2 Customer: the person with whom Candy Land has entered into an agreement
3. Parties: Candy Land and the customer together.
4. Consumer: a customer who is also an individual and who acts as a private person
Article 1 - Applicability of general terms and conditions
1. These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Candy Land.
2. The parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Article 2 - Prices
1. All prices charged by Candy Land are in euros, include VAT and exclude any other costs such as administrative costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
2 Candy Land may change all prices applied by Candy Land for its products, on its website or otherwise made known, at any time.
3. Increases in the cost prices of products or parts thereof, which Candy Land could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Article 3 - Samples and models
If the customer has received a sample or model of a product, he may derive no rights therefrom other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Article 4 - Payments and payment term
1. Candy Land may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must settle subsequent payments within 14 days after delivery.
3. Payment terms are considered strict payment deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term at the latest, he is automatically in default and in breach of contract, without Candy Land having to send the customer a reminder or put him in default regarding immediate payment or the provision of security.
4. Candy Land reserves the right to make delivery conditional on or to require payment for the total amount of the services or products.
Article 5 - Consequences of late payment
1. If the customer fails to pay within the agreed period, Candy Land is entitled to charge statutory interest of 25% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
2. If the customer is in default, he shall furthermore owe Candy Land extrajudicial collection costs and any compensation for damages.
3. The collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
4. If the customer fails to pay on time, Candy Land may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment, or suspension of payments on the part of the Customer, Candy Land's claims against the Customer shall become immediately due and payable.
6 If the customer refuses to cooperate in the execution of the agreement by Candy Land, he is still obliged to pay the agreed price to Candy Land.
Article 6 - Right of reclamation
1. As soon as the customer is in default, Candy Land is entitled to invoke the right of reclamation with regard to the unpaid products delivered to the customer.
2 Candy Land invokes the right of complaint by means of a written or electronic communication.
3. As soon as the customer has been notified of the invoked right of complaint, the customer must immediately return the products to which this right applies to Candy Land, unless the parties make other arrangements in this regard.
4. The costs for retrieving or returning the products shall be borne by the customer.
Article 7 - Right of withdrawal
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving reasons, provided that:
· the product has not been used.
· it is not a product that can spoil quickly, such as food or flowers.
· it is not a product that is custom-made or adapted specifically for the consumer
· it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
· the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)
· the product or service does not involve accommodation, travel, restaurant business, transport, catering assignment, or any form of leisure activity
· the product is not a single magazine or newspaper
· the consumer has not waived his right of withdrawal
2. The 14-day cooling-off period referred to in paragraph 1 commences:
· on the day after the consumer has received the last product or part of 1 order.
· as soon as the consumer has confirmed that he will purchase digital content via the internet.
3. The consumer can exercise their right of withdrawal by contacting info@candy-land.nl.
4. The consumer is obliged to return the product to Candy Land within 14 days after notifying his right of withdrawal, failing which his right of withdrawal shall lapse.
Article 8 - Reimbursement of delivery costs
1. If the consumer has exercised their right of withdrawal in a timely manner and, as a result, has returned the entire order to Candy Land in a timely manner, Candy Land will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order.
2. Delivery costs will only be borne by Candy Land insofar as the entire order is returned.
Article 9 - Reimbursement of return costs
If the consumer exercises his right of withdrawal and returns the entire order in a timely manner, the costs of returning the entire order shall be borne by the consumer.
Article 10 - Right of Suspension
Unless the Customer is a consumer, the Customer waives the right to suspend the performance of any obligation arising from this Agreement.
Article 11 - Right of Retention
1. Candy Land may exercise its right of retention and, in that case, hold products of the customer until the customer has settled all outstanding invoices to Candy Land, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of prior agreements from which the customer still owes payments to Candy Land.
3. Candy Land is never liable for any damage that the customer may suffer as a result of exercising its right of retention.
Article 12 - Set-off
Unless the customer is a consumer, the customer waives their right to set off a debt to Candy Land against a claim on Candy Land.
Article 13 - Retention of title
1. Candy Land remains the owner of all delivered products until the customer has fully met all its payment obligations to Candy Land under any agreement whatsoever concluded with Candy Land, including claims regarding failure to perform.
2. Until that time, Candy Land may invoke its retention of title and repossess the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Candy Land invokes its retention of title, the agreement shall be deemed dissolved and Candy Land shall have the right to claim damages, lost profits, and interest.
Article 14 - Delivery
1. Delivery is subject to availability.
2. Delivery takes place at Candy Land, unless the parties have agreed otherwise.
3. Delivery of online ordered products takes place at the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, Candy Land has the right to suspend its obligations until the agreed amount has been paid.
5 In the event of late payment, there is default by the creditor, with the consequence that the customer cannot object to a delayed delivery against Candy Land.
Article 15 - Delivery time
1. The delivery times stated by Candy Land are indicative and do not entitle the customer to dissolution or compensation in the event of exceeding them, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences at the moment the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Candy Land.
3. Exceeding the stated delivery time does not entitle the customer to compensation, nor does it entitle the customer to dissolve the agreement, unless Candy Land is unable to deliver within 14 days after having been requested to do so in writing, or the parties have agreed otherwise in this regard.
Article 16 - Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.
Article 17 - Transport costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Article 18 - Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note made by the carrier or delivery person before accepting the product; failing which, Candy Land cannot be held liable for any damage.
2. If the customer arranges for the transport of a product himself, he must report any visible damage to the products or packaging to Candy Land prior to transport; failure to do so will release Candy Land from any liability for any damage.
Article 19-Preservation
1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be entirely borne by the customer.
2. Any additional costs resulting from premature or delayed acceptance of products shall be entirely at the customer's expense.
Article 20 - Assembly/Installation
Although Candy Land endeavors to carry out all assembly and/or installation work to the best of its ability, it bears no responsibility for this except in the case of intent or gross negligence.
Article 21 - Warranty
1. The warranty regarding products applies exclusively to defects caused by faulty manufacturing, construction, or material.
2 The warranty does not apply in the event of normal wear and tear, damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, or when the cause of the defect cannot be clearly established.
3. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment these are legally and/or factually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.
Article 22-Indemnification
The customer indemnifies Candy Land against all claims from third parties related to the products and/or services supplied by Candy Land.
Article 23 - Complaints
1. The customer must inspect a product delivered or service provided by Candy Land as soon as possible for any defects.
2. If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, the customer must notify Candy Land thereof as soon as possible, but in any case within 1 month after discovery of the shortcomings.
3. Consumers must notify Candy Land of the shortcomings no later than 2 months after discovering them.
4. The customer shall provide as detailed a description of the defect as possible so that Candy Land is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6 If a complaint relates to ongoing work, this shall in no event lead to Candy Land being required to perform work other than that which has been agreed.
Article 24 - Notice of Default
1. The customer must notify Candy Land of notices of default in writing.
2. It is the customer's responsibility to ensure that a notice of default actually reaches Candy Land (in a timely manner).
Article 25 - Joint and several liability of the customer
If Candy Land enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to Candy Land under that agreement.
Article 26 - Liability Candy Land
1. Candy Land is solely liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or willful recklessness.
2. If Candy Land is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
3. Candy Land is never liable for indirect damages, such as consequential damages, lost profits, lost savings, or damage to third parties.
4. If Candy Land is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance policy, and in the absence of (full) payment of the amount of damage by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photographs, color drawings, and descriptions on the website or in a catalog are merely indicative and approximate, and cannot give rise to claims for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Article 27 - Expiry period
Any right of the customer to compensation from Candy Land shall in any event lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Article 28 - Right to dissolution
1. The customer has the right to dissolve the agreement if Candy Land is in attributable default in the performance of its obligations, unless this default, given its particular nature or minor significance, does not justify dissolution.
2. If the performance of the obligations by Candy Land is not permanently or temporarily impossible, dissolution may only take place after Candy Land is in default.
3. Candy Land has the right to dissolve the agreement with the customer if the customer fails to fulfill his obligations under the agreement fully or in a timely manner, or if Candy Land has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
Article 29 - Force Majeure
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Candy Land to perform any obligation towards the customer cannot be attributed to Candy Land in a situation independent of Candy Land's will, as a result of which the performance of its obligations towards the customer is wholly or partially prevented or as a result of which the performance of its obligations cannot reasonably be expected of Candy Land.
2. The force majeure situations referred to in paragraph 1 also include – but are not limited to – the following: states of emergency (such as civil war, insurrection, riots, natural disasters, etc.), breaches of contract and force majeure by suppliers, carriers or other third parties, unexpected power outages, electricity, internet, computer and telecommunications failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation arises as a result of which Candy Land cannot fulfill one or more obligations to the customer, those obligations shall be suspended until Candy Land is able to fulfill them again.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
5. Candy Land is not liable for any compensation (for damages) in a force majeure situation, even if it benefits in any way as a result of the force majeure situation.
Article 30 - Amendment of the agreement
1. If, after the conclusion of the agreement, it proves necessary to modify or supplement its content for its execution, the parties shall amend the agreement accordingly in a timely manner and by mutual consultation.
2. The preceding paragraph does not apply to products purchased in a physical store.
Article 31 Amendment of general terms and conditions
1. Candy Land is entitled to amend or supplement these general terms and conditions.
2. Amendments of minor importance may be implemented at any time.
3. Candy Land will discuss major substantive changes with the client in advance whenever possible.
4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Article 32 - Transfer of rights
1. Rights of the customer arising from an agreement between the parties may not be transferred to third parties without the prior written consent of Candy Land.
2. This provision applies as a clause with proprietary effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Article 33 - Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the remaining provisions of these terms and conditions.
2. A provision that is void or voidable shall in that case be replaced by a provision that Candy Land had in mind regarding that point when drafting the terms and conditions.
Article 34 - Applicable law and competent court
1. Every agreement between the parties shall be governed exclusively by Dutch law.
2. The Dutch court in the district where Candy Land has its practice and office is exclusively competent to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.
Drafted on 26 May 2023