Algemene Voorwaarden

I.  Terms & Conditions 

 

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Table of contents:

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Article   1 - Definitions  

Article   2 - Identity of the entrepreneur  

Artikel   3 - Applicability  

Artikel   4 - The offer  

Artikel   5 - The agreement  

Artikel   6 - Right of avocation  

Article   7 - Costs in case of revocation  

Artikel   8 - Exclusion of right of withdrawal  

Artikel   9 - The price  

Article 10 - Conformity and guarantee

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaint settlement

Article 15 - Disputes

Article 16 - Additional or derogating provisions

Annex:       Model form for revocation  

 

 

Article 1 - Definitions

 

These conditions mean:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal.

2. Consumer: the natural person, who is not acting in the exercise of a profession or business and who enters into Distance Agreement with the entrepreneur.

3. Day: calendar day.

4. Durable transaction: a distance agreement relating to a range of products and / or services, the delivery and / or purchase obligation of which is spread over time.

5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period.

7. Model form: the European model form for revocation, which the entrepreneur makes available as an appendix to these conditions and which a consumer can fill in when he wishes to exercise his right of revocation.

8. Entrepreneur: the natural or legal entity that offers products and / or services to consumers at a distance.

9. Remote agreement: an agreement in which, in the context of a system organized by the entrepreneur for distance selling of products and / or services, until the conclusion of the agreement, only one or more remote communication techniques are used.

10. Distance communication technology: means that it can be used to conclude an agreement, without the consumer and the entrepreneur meeting in the same room at the same time.

11. Terms and Conditions: the current Terms and Conditions of the entrepreneur.

 

 

Article 2 - Identity of the entrepreneur

 

  K.K. Singh, “The Manipuri Kitchen”

  Rijnweg 282,

  2681 SZ. Monster

  Tel.no: +31 (0) 6 18 89 57 29

 

  Email Address: the.manipuri.kitchen@gmail.com

  Chamber of Commerce number: 84039345

  VAT identification number: NL 0039 05 411 B03

 

 

Article 3 - Applicability

 

1. These general terms and conditions apply to every offer of the entrepreneur and to every concluded distance agreement and orders between entrepreneur and consumer.

2. Before the conclusion of the distance contract, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded remotely that the general terms and conditions will be clear to the contractor and will be sent free of charge to the consumer as soon as possible.

3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be notified electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

4. In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always invoke the applicable provision which is most favorable to him. is.

5. If one or more of the provisions of these Terms and Conditions are in whole or in part void or destroyed, the Agreement and these Terms and Conditions shall otherwise remain in force and the relevant provision shall be replaced without delay by a provision that the scope of the original as much as possible.

6. Situations that are not regulated in these general conditions must be assessed "in the spirit" of these general conditions.

7. Uncertainties regarding the interpretation or content of one or more of the terms of our Terms and Conditions should be construed "in the spirit" of these Terms and Conditions.

 

 

Article 4 - The offer

 

1. If an offer has a limited validity period or takes place under conditions, this is explicitly stated in the offer.

2. The offer is non-existent. The contractor is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Apparent errors or obvious errors in the offer do not bind the entrepreneur.

4. All images, specifications, details in the offer are indicative and may not give rise to damages or dissolution of the agreement.

5. Product images are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed exactly match the true colors of the products.

6. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer.

 

 

Article 5 - The agreement

 

1. The agreement shall, subject to the provisions of paragraph 4, be effective at the time of acceptance by the consumer of the offer and the fulfillment of the conditions laid down therein.

2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the agreement.

3. If the agreement is reached electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to that end.

4. The entrepreneur can - within legal limits - ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons for not entering into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.

5. The entrepreneur will send the following information to the consumer in the product or service, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

        a. the visiting address of the entrepreneur's establishment where the consumer can lodge a complaint;

        b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear

            notice of the exclusion of the right of withdrawal;

        c. the information about warranties and existing after-sales service;

        d. the information included in Article 4 (3) of these conditions, unless the entrepreneur has already provided this

            information to the consumer before the performance of the contract;

        e. the price including all taxes on the product or service and, where applicable, the cost of delivery or performance of

            the remote service;

  6. In the case of an expedited transaction, the provision in the previous paragraph only applies to the first delivery.

  7. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

 

 

Article 6 - Right of revocation

 

When delivering products:

1. When purchasing products, the consumer has the opportunity to terminate the agreement without giving reasons for 14 days. This reflection period begins on the day after receipt of the product by the consumer or a pre-designated by the consumer and announced to the entrepreneur.

2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he exercises his right of withdrawal

3. he will return the product with all supplied accessories and - if reasonably possible - to the contractor in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the contractor.

4. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the seller within 14 days of receiving the product. The notification must be made to the consumer by means of the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.

5. If, after the expiry of the time limits mentioned in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of cancellation resp. the product has not been returned to the seller, the purchase is a fact.

 

When providing services:

1. Upon delivery of services, the consumer has the opportunity to terminate the agreement without giving any reasons for at least 14 days, starting on the day of entering into the agreement.

2. In order to exercise his right of cancellation, the consumer will comply with the reasonable and clear instructions provided by the contractor in the offer and / or at the time of delivery.

 

 

Article 7 - Costs in case of revocation

 

1. If the consumer exercises his right of cancellation, the cost of return will be borne by him.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after recall. The condition here is, however, that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted. Refunds will be made through the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.

3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

4. The consumer cannot be held liable for depreciation of the product if the contractor has not provided all the legally required information on the right of recall, this must be done before concluding the purchase agreement.

 

 

Article 8 - Exclusion of right of withdrawal

 

1. The entrepreneur may exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of revocation only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

        a. created by the entrepreneur according to consumer specifications;

        b. which are clearly personal in nature;

        c. which by their nature cannot be returned;

        d. which can quickly spoil or age;

        e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

        f. for loose newspapers and magazines;

        g. for audio and video recordings and computer software whose consumer has broken the seal.

        h. for hygienic products whose consumer has broken the seal.

  3. Exclusion of the right of revocation is only possible for services:

        a. concerning accommodation, transport, restaurant business or leisure activities on a specific date or during a specific

            period;

        b. the delivery of which has begun with the express consent of the consumer before the reflection period has expired;

        c. concerning betting and lotteries.

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Article 9 - The price

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1. During the period of validity stated in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.

2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence on, with variable prices. This volatility and the fact that any prices quoted are target prices are mentioned in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only allowed if the contractor has stipulated this and:

        a. these are the result of legal regulations or provisions; of

        b. the consumer has the power to terminate the agreement with effect from the day on which the price increase takes

            effect.

  5. The prices mentioned in the offer of products or services include VAT.

  6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and

      typesetting errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the

      incorrect price.

 

 

Article 10 - Conformity and Guarantee

 

1. The contractor guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions and / or existing at the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the contractor, manufacturer or importer does not affect the legal rights and claims that the consumer can assert under the contract with the contractor.

3. Any defects or incorrectly delivered products must be reported in writing to the contractor within 2 months of delivery. Return of the products must be in the original packaging and in new condition.

4. The contractor's warranty period corresponds to the factory warranty period. However, the entrepreneur is not responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or use of the products.

5. The guarantee does not apply if:

        a. The consumer has repaired and / or edited the delivered products himself or had them repaired and / or edited by

            third parties;

        b. The products delivered have been subjected to abnormal conditions or have been otherwise treated carelessly or in

            contravention of the contractor's instructions and / or have been treated on the packaging;

        c. The defect is wholly or partly due to regulations laid down or to be laid down by the government with regard to the

            nature or quality of the materials used.

 

 

Article 11 - Delivery and execution

 

1. The entrepreneur will take the utmost care when receiving and executing product orders and when evaluating service applications.

2. The place of delivery is the address that the consumer has made known to the company.

3. In accordance with the provisions of paragraph 4 of this article, the company will execute accepted orders promptly but within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from any of the deadlines mentioned. Exceeding a time limit does not entitle the consumer to compensation.

5. In the event of dissolution in accordance with paragraph 3 of this Article, the entrepreneur will repay the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. Upon delivery, a replacement item will be reported in a clear and comprehensible manner. In the case of replacement articles, the right of withdrawal cannot be excluded. The cost of any return shipment is at the expense of the entrepreneur.

7. The risk of damage and / or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

 

 

Article 12 - Duration transactions: duration, termination and renewal

 

Termination

1. The consumer may terminate an agreement for an indefinite period, and which extends to the regular delivery of products or services, at any time, subject to agreed termination rules and a notice period of not more than one month.

2. The consumer may terminate an agreement which has been entered into for a specified period and which extends to the regular delivery of products or services, at any time towards the end of the specified period, subject to agreed termination rules and a notice period of not more than one month.

3. The consumer can use the agreements mentioned in the previous paragraphs:

        a. terminate at any time and be not limited to termination at any particular time or period;

        b. at least resign in the same manner as they were entered into by him;

        c. always terminate with the same notice period as the entrepreneur has stipulated for himself.

 

Extension

1. An agreement entered into for a specified period of time, which extends to the regular delivery of products or services, may not be tacitly renewed or renewed for a specified period. 

2. Deviation from the provisions of the previous paragraph, which has been entered into for a Fixed-Term Agreement and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a specified period of maximum three months, if the consumer Extended Agreement end of the extension may terminate with a notice period of not more than one month. 

3. A contract concluded for a fixed period of time, which extends to the regular delivery of products or services, may be tacitly renewed indefinitely only if the consumer is allowed to cancel at any time with a notice period of not more than one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly magazines and periodicals.

4. An agreement with a limited duration until the regular delivery of daily, news and weekly magazines and periodicals (trial or introductory subscription) is not continued tacitly and ends automatically after the end of the trial or introductory period.

 

Duration

1. If an agreement lasts for more than one year, the consumer may terminate the agreement at any time with a notice period of not more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

 

 

Article 13 - Payment

 

1. Unless otherwise agreed, the amounts due by the consumer must be paid within 14 days of the expiry of the period of reflection referred to in Article 6 (1). In the event of a service agreement, this period shall begin after the consumer has received the confirmation of the agreement.

2. Once prepayment is conditional, the consumer may not exercise any right in respect of the execution of the relevant order (s) or service (s) until the conditional prepayment has taken place.

3. The consumer has a duty to report inaccuracies in provided or stated payment information to the entrepreneur without delay.

4. In the event of non-payment by the consumer, the entrepreneur shall, subject to legal limitations, have the right to charge the extrajudicial collection costs notified to the consumer in advance. These collection costs amount to 15% over outstanding amounts up to € 2.500, =; over the subsequent € 2.500, = these amounts are 10% and over the next € 5.000, = amounts that 5%, with a minimum of € 40, =. The entrepreneur may deviate from the stated percentages and amounts for the benefit of the consumer.    

 

 

Article 14 - Complaints settlement

 

1. The entrepreneur has a sufficiently disclosed complaint procedure and handles the complaint in accordance with this complaint procedure.

2. Complaints about the implementation of the contract must be submitted in full and clearly defined to the contractor within 2 months, after the consumer has identified the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requests a foreseeably longer processing time, the contractor will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

4. If the complaint cannot be resolved in mutual consultation, a dispute arises which is susceptible to the dispute settlement.

5. In the case of complaints, a consumer must first contact the entrepreneur. It is also possible to report complaints via the European ODR platform ( http://ec.europa.eu/odr ).

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.

7. If a complaint is found to be well-founded by the contractor, the contractor will, at its option, replace or repair the delivered products free of charge.

 

 

Article 15 - Disputes

 

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

 

 

Article 16 - Additional or derogating provisions

 

  Additional or deviating provisions from these general conditions must not be to the detriment of the consumer and must be

  recorded in writing or in such a way that they can be stored by the consumer in an accessible way on a durable data

  carrier.