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General conditions
Introduction
Below are our Terms and Conditions. We apply the standard terms and conditions as drawn up by Thuiswinkel.org. These always apply when you use or place an order through our Website. The Terms and Conditions contains important information for you as a buyer. Therefore, please read these carefully. We further recommend that you save or print these terms and conditions for future reference. If you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail using the contact information below.
Stroap |
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| Address: | PO Box 41, 4100AA Culemborg |
| Phone: | 06-54311872 |
| E-mail: | info@stroap.nl |
| Chamber of Commerce number: | 78229642 |
| VAT number: | NL861310986B01 |
Article 1 |
Definitions |
| 1.1 | Stroap: located 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, accessed at www.stroap.nl, stroap.com and all associated subdomains. |
| 1.3 | Customer: the customer who, whether or not acting in the course 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 Client, of which agreement the General Terms and Conditions form an integral part. |
| 1.5 | General Terms and Conditions: the present General Terms and Conditions. |
Article 2 |
Applicability of General Terms and Conditions |
| 2.1 | All offers, Agreements and deliveries of Stroap are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing. |
| 2.2 | If the Client, in its order, confirmation or communication containing acceptance, includes provisions or conditions that differ from, or do not appear in, the General Terms and Conditions, these are only binding on Stroap if and insofar as they have been expressly accepted by Stroap in writing. |
| 2.3 | In the event that specific product or service terms apply in addition to these General Terms and Conditions, those terms also apply, but in the event of conflicting terms, the Customer may always rely on the applicable provision that is most favorable to him. |
Article 3 |
Prices and information |
| 3.1 | All prices stated on the Website and in other materials originating from Stroap include VAT and, unless otherwise stated on the Website, other government levies. |
| 3.2 | Shipping costs are displayed during the ordering process and may vary with the quantities of products ordered. |
| 3.3 | The contents of the Website have been compiled with the utmost care. However, Stroap cannot guarantee that all information on the Website will be accurate 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 | Stroap cannot be held responsible for (color) deviations due to screen quality. |
Article 4 |
Formation of Agreement |
| 4.1 | The Agreement comes into effect at the moment of acceptance by the Client of Stroap’s offer and the fulfilment of the conditions thereby stipulated by Stroap. |
| 4.2 | If the Client has accepted the offer electronically, Stroap shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement. |
| 4.3 | If it appears that when accepting or otherwise entering into the Agreement the Client provided incorrect data, Stroap is entitled to fulfill its obligation only after receiving the correct data. |
| 4.4 | Stroap can inform itself within legal frameworks whether the Client can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Stroap has good grounds on the basis of this investigation not to enter into the Agreement, it is entitled to refuse an order or application with reasons or to attach special conditions, such as advance payment, to the execution. |
Article 5 |
Registration |
| 5.1 | To make best use of the Website, the Customer can register via the registration form/ account sign-up option on the Website. |
| 5.2 | During the registration process, the Customer chooses a username and password with which to log on 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 username and password strictly confidential. Stroap is not liable for misuse of login information and may always assume that the Customer who logs on to the Website is actually that Customer. Everything that happens through the Customer’s account is the responsibility and risk of the Customer. |
| 5.4 | If the Client knows or suspects that his login credentials have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Stroap, so that Stroap can take appropriate measures. |
Article 6 |
Execution Agreement |
| 6.1 | As soon as the order is received by Stroap, Stroap shall send the products as soon as possible, subject to the provisions of paragraph 3 of this Article. |
| 6.2 | Stroap is entitled to engage third parties to perform the obligations under the Agreement. |
| 6.3 | In principle, the delivery time is 3 working days. The method of delivery can take place in several ways and is at Stroap’s discretion. |
| 6.4 | If Stroap cannot deliver the products within the agreed period, it shall notify the Customer. In this case, the Customer may agree to a new delivery date or he will be given the option to rescind the Agreement free of charge. |
| 6.5 | Stroap advises the Customer to inspect the delivered products and report any defects found in the process within a reasonable time, preferably in writing. See further the Article on warranty and conformity. |
| 6.6 | Once the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, passes to the Customer. If expressly agreed otherwise, the risk shall pass to the Customer beforehand. If the Customer decides to pick up the products, the risk passes upon transfer of the products. |
| 6.7 | Stroap is entitled to supply a similar product of similar quality as the product ordered, if the product ordered is no longer available. The Customer is then entitled to rescind the Agreement free of charge and return the product free of charge. |
Article 7 |
Right of Withdrawal |
| 7.1 | This article applies only to the Customer being a natural person not acting in the exercise of his profession or business. |
| 7.2 | The Customer has the right to terminate the remotely concluded Agreement with Stroap within 14 days of receipt of the product, without giving reasons, free of charge. |
| 7.3 | The period begins on the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, receives 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. Shipping costs incurred by the Customer when purchasing the product are not included in the cost of return 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 its packaging with care. The Customer shall only open the packaging and use the product to the extent necessary to verify the nature, characteristics and operation of products. The premise here is that this inspection should not go beyond what the Customer would be able to do in a physical store. |
| 7.6 | The Customer shall only be liable for depreciation of the product resulting from handling the product beyond that permitted in the previous paragraph. |
| 7.7 | The Client may terminate the Agreement in accordance with the period set forth in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Stroap, or otherwise unambiguously informing Stroap that he is abandoning the purchase. Stroap, in the case of a digital notification, acknowledges receipt of that notification. After dissolution, the Customer still has 14 days to return the product. It is also possible to return the product directly within the cooling-off period stipulated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is enclosed. Products may be returned to Stroap’s address as listed in the header of the Terms and Conditions. |
| 7.8 | Amounts already paid by the Customer (in advance) will be paid as soon as possible, but at the latest within 14 days after the Customer has dissolved the order. If the Customer has chosen a more expensive method of delivery than the least expensive standard delivery, Stroap does not have to refund the additional costs for the more expensive method. Unless Stroap offers to pick up the product itself, Stroap may |
| 7.9 | On the Website, information on whether or not the right of withdrawal is applicable and any desired procedure is clearly stated in good time before the conclusion of the Agreement. |
| 7.10 | The right of withdrawal does not apply to: |
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Article 8 |
Payment |
| 8.1 | The Client must make payments to Stroap according to the payment methods indicated in the order procedure and, if applicable, on the Website. Stroap is free in its choice of offering payment methods and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting the day after delivery. |
| 8.2 | If the Client fails to timely fulfill its payment obligation(s), the Client, after being notified by Stroap of the late payment and Stroap has granted the Client a 14-day period to still fulfill its payment obligations, after failing to make payment within this 14-day period, shall owe statutory interest on the amount still due and Stroap is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40 and, in deviation thereof, a minimum of € 250 a Customer being a natural or legal person acting in the exercise of his profession or business. Stroap may deviate from said amounts and percentages for the benefit of the Customer. |
Article 9 |
Warranty and conformity |
| 9.1 | This article applies only if the Customer is not acting in the course of his profession or business. If a separate warranty is provided by Stroap on the products, notwithstanding what has just been stated, this applies 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 existing statutory provisions and/or government regulations on the date the Agreement was concluded. If specifically agreed, Stroap also warrants 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 Stroap within a reasonable period of time after discovering the defect. |
| 9.4 | If Stroap considers the complaint justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, subject to Article 12, is equal to the price paid by the Customer over the product. |
Article 10 |
Warranty on 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 existing statutory provisions and/or government regulations on the date the Agreement was concluded. If specifically agreed, Stroap also warrants that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use. |
| 10.2 | If, upon delivery, the delivered product does not comply with the Agreement, the Customer must notify Stroap within 2 days of delivery at the latest. If the Customer does not do so, he can no longer claim repair, replacement, etc, if the product is delivered defectively. |
| 10.3 | If Stroap considers the complaint justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer. |
Article 11 |
Complaint Procedure |
| 11.1 | If the Customer has a complaint about a product (in accordance with Article 9 or 10) and/or about other aspects of Stroap’s services, he may submit a complaint to Stroap by telephone, e-mail or mail. See the contact information in the header of the Terms and Conditions. |
| 11.2 | Stroap will respond to the Customer’s complaint as soon as possible, but in any event within 5 days of receipt of the complaint. If it is not yet possible to provide a substantive or final response, Stroap will, within 5 days of receiving the complaint, acknowledge the complaint and provide an indication of the time frame within which it expects to provide a substantive or final response to the Customer’s complaint. |
| 11.3 | Customers not acting in the course of their profession or business may also file a complaint through the European Dispute Resolution Platform, accessible at http://ec.europa.eu/odr/. |
Article 12 |
Liability |
| 12.1 | This Article applies only 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 to the Client for attributable failure to perform the Agreement is limited to compensation of no more than the amount of the price stipulated for that Agreement (including VAT). |
| 12.3 | Stroap’s liability to the Client for indirect damages, including in any case, but expressly not limited to, consequential damages, lost profits, missed savings, loss of data and damage due to business interruption, is excluded. |
| 12.4 | Outside the cases mentioned in the previous two paragraphs of this Article, Stroap shall have no liability to the Client for compensation, regardless of the ground on which an action for compensation would be based. However, the limitations set forth in this Article shall lapse if and to the extent damages are the result of Stroap’s intentional acts or gross negligence. |
| 12.5 | Stroap’s liability to the Client for attributable failure in the fulfillment of an Agreement shall arise only if the Client immediately and properly gives Stroap written notice of default, setting a reasonable period to remedy the failure, and Stroap continues to fail to fulfill its obligations even after that period. The notice of default must contain as detailed a description of the failure as possible, so that Stroap is able to respond adequately. |
| 12.6 | A condition for the creation of any right to compensation is always that the Client reports the damage to Stroap in writing as soon as possible, but no later than 30 days, after its occurrence. |
| 12.7 | In the event of force majeure, Stroap is not liable to compensate any loss incurred by the Client as a result. Force majeure includes in any case – but not exclusively – the situation where Stroap cannot deliver due to production and/or delivery problems of any nature on the part of its suppliers. A (temporary) inability to deliver products due to the COVID-19 virus is also included in force majeure and cannot be attributed to Stroap. |
Article 13 |
Retention of title |
| 13.1 | This Article applies only 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 Stroap has on the Client (including any related (collection) costs and interest) are paid in full. |
| 13.3 | Prior to said transfer of ownership, the Customer is not authorized to sell, deliver or otherwise dispose of these items other than in accordance with its normal business and the normal purpose of the items. In addition, the Customer is not permitted to pledge these items or grant any other right to them to third parties until such time as ownership of these items is transferred to the Customer. |
| 13.4 | The Client is obliged to keep the items delivered under retention of title carefully and as recognizable property of Stroap. |
| 13.5 | Stroap is entitled to take back goods that have been delivered under retention of title and are still held by the buyer, if the Client fails to ensure timely payment of invoices or has or threatens to have payment difficulties. |
| 13.6 | The Client shall at all times grant Stroap free access to its goods for inspection thereof and/or for the exercise of Stroap’s rights. |
Article 14 |
Personal data |
| 14.1 | Stroap processes the Customer’s personal data in accordance with privacy statements. It can be found on the Stroap Bakers website. |
Article 15 |
Final Provisions |
| 15.1 | The Agreement is governed by Dutch law. |
| 15.2 | To the extent not otherwise prescribed by rules of mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Stroap is located. |
| 15.3 | If any provision in these Terms and Conditions is found to be invalid, this shall not affect the validity of the entire Terms and Conditions. The parties will in that case determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as is legally possible. |
| 15.4 | In these General Conditions, “in writing” also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established. |