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General terms and conditions
Preface
Below you will find our General Terms and Conditions. We use the standard general terms and conditions as drawn up by Thuiswinkel.org. These always apply when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, read them carefully. We also recommend that you save or print these conditions so that you can read them again at a later time. If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail using the contact details below.
syrup | |
| Address: | PO box 41, 4100AA Culemborg |
| Phone: | 06-54311872 |
| Email: | info@stroap.nl |
| Chamber of Commerce number: | 78229642 |
| VAT number: | NL861310986B01 |
Article | Definitions |
| 1.1 | Stroap: established in Culemborg and registered with the Chamber of Commerce under registration number 78229642, trading under the name Stroap BV. |
| 1.2 | Website: the Stroap website, which can be consulted via www.stroap.nl, stroap.com and all associated subdomains. |
| 1.3 | Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with Stroap and/or has registered on the Website. |
| 1.4 | Agreement: any arrangement or agreement between Stroap and Customer, of which agreement the General Terms and Conditions form an integral part. |
| 1.5 | General Terms and Conditions: these General Terms and Conditions. |
Article | Applicability General Conditions |
| 2.1 | The General Terms and Conditions apply to all offers, agreements and deliveries from Stroap, unless expressly agreed otherwise in writing. |
| 2.2 | If the Customer includes provisions or conditions in its order, confirmation or communication of acceptance that deviate from or do not appear in the General Terms and Conditions, these will only be binding on Stroap if and to the extent that they have been expressly accepted by Stroap in writing. |
| 2.3 | In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always rely on the applicable provision that is most favorable to him. |
Article | Prices and information |
| 3.1 | All prices stated on the Website and in other materials originating from Stroap are inclusive of VAT and, unless otherwise stated on the Website, other levies imposed by the government. |
| 3.2 | Shipping costs are displayed during the ordering process and may vary with the quantities of products ordered. |
| 3.3 | The content of the Website has been compiled with the utmost care. However, Stroap cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Stroap are therefore subject to obvious programming and typing errors. |
| 3.4 | Stroop cannot be held responsible for (colour) deviations due to screen quality. |
Article | Conclusion of Agreement |
| 4.1 | The Agreement is concluded at the time the Customer accepts Stroap's offer and complies with the conditions set by Stroap. |
| 4.2 | If the Customer has accepted the offer electronically, Stroap will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement. |
| 4.3 | If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, Stroap has the right to fulfil its obligations only after the correct information has been received. |
| 4.4 | Stroap may, within the legal framework, inquire whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Stroap has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution, such as advance payment. |
Article | Registration |
| 5.1 | In order to make optimal use of the Website, the Customer can register via the registration form/account login option on the Website. |
| 5.2 | During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password. |
| 5.3 | The Customer must keep his login details, his user name and password strictly confidential. Stroap is not liable for misuse of the login details and may always assume that the Customer who logs in to the Website is also actually that Customer. Everything that happens via the Customer's account falls under the responsibility and risk of the Customer. |
| 5.4 | If the Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Stroop of this, so that Stroop can take appropriate measures. |
Article | Execution Agreement |
| 6.1 | Once the order has been received by Stroap, Stroap will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article. |
| 6.2 | Stroap is entitled to engage third parties to perform the obligations arising from the Agreement. |
| 6.3 | The delivery period is in principle 3 working days. The method of delivery can take place in different ways and is at the choice of Stroop. |
| 6.4 | If Stroop cannot deliver the products within the agreed term, it will notify the Customer. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge. |
| 6.5 | Stroap advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See further the Article on guarantee and conformity. |
| 6.6 | As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, will pass to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk will pass upon transfer of the products. |
| 6.7 | Stroap is entitled to deliver a similar product of similar quality as the ordered product, if the ordered product is no longer available. The Customer is then entitled to terminate the Agreement free of charge and return the product free of charge. |
Article | Right of Withdrawal |
| 7.1 | This article only applies to the Customer being a natural person who is not acting in the exercise of his profession or business. |
| 7.2 | The Customer has the right to cancel the remote Agreement with Stroap within 14 days after receipt of the product, without giving any reason and free of charge. |
| 7.3 | The term commences on the day after the Customer, or a third party designated by the Customer in advance, who is not the carrier, has received the product, or: |
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| 7.4 | The Customer must bear the return costs themselves, if these costs are higher than the regular postal rate, Stroap will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the costs for returning and remain at the Customer's own expense. |
| 7.5 | Within the withdrawal period referred to in paragraph 1, the Customer shall handle the product and packaging with care. The Customer shall only open the packaging and use the product to the extent necessary to check the nature, characteristics and functioning of the products. The starting point here is that this inspection may not go further than the Customer would be able to do in a physical store. |
| 7.6 | The Customer is only liable for any diminished value of the product resulting from the handling of the product that goes beyond what is permitted in the previous paragraph. |
| 7.7 | The Customer may terminate the Agreement in accordance with the term set out in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Stroap, or by informing Stroap in another unambiguous manner that he is withdrawing from the purchase. In the event of a digital notification, Stroap will confirm receipt of that notification. After termination, the Customer has another 14 days to return the product. It is also possible to return the product directly within the cooling-off period set out in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is enclosed. Products can be returned to the address of Stroap as stated in the heading of the General Terms and Conditions. |
| 7.8 | Amounts already paid (in advance) by the Customer will be refunded as soon as possible, but no later than 14 days after the Customer has paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Stroap does not have to refund the additional costs for the more expensive method. Unless Stroap offers to collect the product itself, Stroap may |
| 7.9 | Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in a timely manner before concluding the Agreement. |
| 7.10 | The right of withdrawal does not apply to: |
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Article | Payment |
| 8.1 | The Customer must make payments to Stroap according to the payment methods indicated in the order procedure and possibly on the Website. Stroap is free to choose the payment methods offered and these may also change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery. |
| 8.2 | If the Customer fails to meet his payment obligation(s) on time, after Stroap has notified him of the late payment and Stroap has granted the Customer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the Customer will owe statutory interest on the amount still owed and Stroap will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500; 10% on the next € 2.500 and 5% on the next € 5.000 with a minimum of € 40 and, in deviation thereof, a minimum of € 250. a Customer is a natural person or legal entity acting in the exercise of his profession or business. Stroap may deviate from the stated amounts and percentages to the advantage of the Customer. |
Article | Warranty and Conformity |
| 9.1 | This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Stroap provides a separate guarantee on the products, this applies, without prejudice to the above, to all types of Customers. |
| 9.2 | Stroap guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date of the conclusion of the Agreement. If specifically agreed, Stroap also guarantees that the product is suitable for other than normal use. |
| 9.3 | If the delivered product does not comply with the Agreement, the Customer must notify Stroop thereof within a reasonable period after discovering the defect. |
| 9.4 | If Stroop considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum reimbursement is, taking into account Article 12, equal to the price paid by the Customer for the product. |
Article | Warranty for business purchases |
| 10.1 | Stroap guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date of the conclusion of the Agreement. If specifically agreed, Stroap also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use. |
| 10.2 | If the delivered product does not correspond to the Agreement upon delivery, the Customer must notify Stroop of this within 2 days after delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc., if the product was delivered defective. |
| 10.3 | If Stroop considers the complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer. |
Article | Complaints procedure |
| 11.1 | If the Customer has a complaint about a product (in accordance with Article 9 or 10) and/or other aspects of Stroap's service provision, he can file a complaint with Stroap by telephone, e-mail or post. See the contact details in the heading of the General Terms and Conditions. |
| 11.2 | Stroap will respond to the Customer's complaint as soon as possible, but in any case within 5 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Stroap will confirm the complaint within 5 days of receipt of the complaint and provide an indication of the period within which it expects to provide a substantive or definitive response to the Customer's complaint. |
| 11.3 | The Customer who is not acting in the exercise of his profession or business may also file a complaint via the European dispute resolution platform, which can be reached via http://ec.europa.eu/odr/. |
Article | Liability |
| 12.1 | This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business. |
| 12.2 | Stroap's total liability towards the Customer for attributable failure to comply with the Agreement is limited to compensation of a maximum of the amount of the price agreed for that Agreement (including VAT). |
| 12.3 | Stroap's liability towards the Customer for indirect damage, including in any case – but expressly not limited to – consequential damage, lost profit, missed savings, loss of data and damage due to business stagnation, is excluded. |
| 12.4 | Apart from the cases mentioned in the previous two paragraphs of this Article, Stroap shall not be liable to the Customer for any damages, regardless of the grounds on which an action for damages would be based. However, the limitations mentioned in this Article shall lapse if and to the extent that damage is the result of intent or gross negligence on the part of Stroap. |
| 12.5 | Stroap's liability towards the Customer for attributable failure to comply with an Agreement shall only arise if the Customer promptly and properly notifies Stroap in writing of the default, setting a reasonable term for remedying the default, and Stroap continues to fail to comply with its obligations even after that term. The notice of default must contain as detailed a description of the default as possible, so that Stroap is able to respond adequately. |
| 12.6 | A condition for any right to compensation is always that the Customer reports the damage to Stroap in writing as soon as possible, but no later than 30 days after it has occurred. |
| 12.7 | In the event of force majeure, Stroap is not obliged to compensate for any damage incurred by the Customer as a result. Force majeure is understood to include in any case – but not exclusively – the situation in which Stroap cannot deliver due to production and/or delivery problems of any nature whatsoever on the part of its suppliers. A (temporary) inability to deliver products due to the COVID-19 virus is also understood to be force majeure and cannot be attributed to Stroap. |
Article | Retention |
| 13.1 | This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business. |
| 13.2 | All delivered goods remain the property of Stroap until all claims that Stroap has on the Customer (including any related (collection) costs and interest) have been paid in full. |
| 13.3 | The Customer is not authorized to sell, deliver or otherwise alienate these items prior to the transfer of ownership, other than in accordance with its normal business and the normal destination of the items. In addition, the Customer is not permitted to pledge these items or grant any other right to third parties as long as the ownership of these items has not been transferred to the Customer. |
| 13.4 | The Customer is obliged to store the items delivered under retention of title carefully and as identifiable property of Stroap. |
| 13.5 | Stroap is entitled to take back the goods delivered under retention of title and still in the possession of the buyer if the Customer fails to pay the invoices on time or is experiencing or is at risk of experiencing payment difficulties. |
| 13.6 | The Customer shall at all times grant Stroap free access to its goods for inspection and/or to exercise Stroap's rights. |
Article | Personal details |
| 14.1 | Stroap processes the personal data of the Customer in accordance with the privacy statement. This can be found on the website of Stroap Bakers. |
Article | Final Provisions |
| 15.1 | Dutch law applies to the Agreement. |
| 15.2 | Unless otherwise prescribed by mandatory law, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Stroap is established. |
| 15.3 | If a provision in these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original provision as much as legally possible. |
| 15.4 | In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established. |