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General terms and conditions

We are not experts in legal matters, but we naturally want to be clear about what you can expect from us. For this reason, we have put all conditions on paper for you. So please read them carefully to avoid all worst-case scenarios.

Landleven B.V.
P.O.D.N. Hoogendoorn Kaas
Chamber of Commerce 53859717
Coenecoop 735
2741 PW Waddinxveen
The Netherlands
info@cheeseonline.com

Date: November 2018

Article 1: Definitions

In these general terms and conditions, the following definitions apply:

  • Reflection period: period within which you can exercise your right of dissolution.
  • You, the consumer: the natural person, not acting in the exercise of a profession or business and entering into a distance contract with us, Hoogendoorn Kaas.
  • Day: calendar day.
  • Durable medium: any means that enables someone to store information addressed to them in a way that allows future consultation and unaltered reproduction of stored information.
  • Right of withdrawal: Your right to withdraw from the distance contract within the specified cooling-off period.
  • We, Hoogendoorn Cheese: the company offering products to you at a distance.
  • Distance contract: agreement between you, the consumer and Hoogendoorn Kaas, concluded at a distance by using a system intended for that purpose.
  • Written: written also includes electronic communication, such as e-mail, provided that the identity of the sender and the authenticity of the communication are sufficiently certain.

Article 2: General

  • These general terms and conditions apply to every offer made by us and to every distance contract concluded between us and you.
  • The agreement is concluded at the moment you accept our offer and comply with the conditions stipulated in that offer.
  • We will promptly confirm receipt of acceptance of the offer. Until we have sent this confirmation, you can dissolve the agreement.
  • In exception to paragraph 2, the agreement is only concluded after we have been informed, within the legal framework, whether you can meet your payment obligations and of other facts and factors which are important to be able to responsibly conclude a distance agreement. If there are sufficient grounds for refusal, we have the right not to enter into the agreement, or at least to dissolve it, or to attach special conditions to the agreement.
  • If one or more provisions of these terms and conditions are annulled or prove to be null and void, the other provisions will remain in full force.

Article 3: Right of dissolution

  • You have the right to dissolve the agreement without giving reasons within 14 days of receipt of the product by you or in advance by a representative appointed by you or a delivery location chosen by you.
  • During this period, you must handle the product and its packaging with care. You may only unpack or use the product to the extent necessary to assess the product.
  • Food products can only be exchanged if the packaging is unopened.
  • If you wish to make use of the right of withdrawal, you must notify us of this in writing within the cooling-off period. We will send a confirmation of this message without delay.
  • Products should be returned to us together with all delivered accessories and, as far as possible, in their original state and packaging, in accordance with the clear and reasonable instructions provided by us.
  • In case of dissolution, the costs of the return shipment will be for your account.
  • After dissolution, you must return the product within 14 days in accordance with the provisions in paragraph 5.
  • We will refund the payments received from you at the latest within 14 days after dissolution.
  • If the product has arrived damaged, we are entitled to deduct the depreciation of the product from the amount to be reimbursed to you.

Article 4: Exclusion of the right of withdrawal

The right of dissolution is generally excluded for products:

  • that can spoil or age quickly, such as food with a limited shelf life. These are in any case all our fresh food products. We will clearly indicate in the product description that these are fresh products;
  • which are not suitable to be returned for reasons of hygiene and health protection whose seal has been broken after delivery, including but not limited to food whose packaging has been opened;
  • which have become mixed with other products after delivery;
  • which have been created by us in accordance with your specifications;
  • whose price is subject to fluctuations on the financial market beyond our control.

Article 5: Delivery

  • The place of delivery is the address you have made known to us.
  • Orders completed before 16:00 will in principle be delivered within two days. We will deliver orders within 30 days at the latest, unless a longer delivery period has been agreed. We will give timely notice of delivery delays.
  • Cheese will not be shipped when the outside temperature does not allow this, in order to guarantee the quality of the cheese. In case a postponement of the order is necessary, we will inform you as soon as possible.
  • You are entitled to dissolve when delivery takes place or can take place after these 30 days without prior agreement. We will refund any payments received from you in the event of dissolution within 30 days at the latest.
  • The risk of damage or loss of products passes to you at the time of delivery to you or a third party designated by you in advance.

Article 6: Guarantees and Conformity

  • We offer no (additional) guarantees with regard to delivered products.
  • You should store and use the products in accordance with our storage advice. We inform you about this on the product page of the product on this website and the most important information is also on the packaging. If you store the products properly, the product should last at least the expiry date. After opening, our products have a limited shelf life.
  • Products should meet your reasonable expectations.
  • Seasonal products are not available all year round. No rights can therefore be derived from these. We will clearly state in our webshop which products are seasonal.
  • If a defect turns out to be a mistake existing at the time of purchase, you are entitled to replacement of the product. Only if the product is no longer produced or replacement unreasonably exceeds the value of the product, we may offer to refund the purchase price to you.
  • Reimbursement, repair or replacement on account of the defect of a product shall lapse if the defect is caused by or results from careless, injudicious or improper use thereof or use after the expiry date, improper storage or maintenance by you.

Article 7: Savings system and gift vouchers

  • When you participate in our savings system, you must comply with its rules. We announce these to you in advance and they can be changed in the interim. We will inform you immediately of any changes.
  • We may use gift vouchers. Unless otherwise stated, gift vouchers have a validity of 12 months after issue.
  • We offer you the benefit or credit stated on the gift voucher once upon its return.
  • To do so, you must fill in all requested gift voucher data in the appropriate fields in our web shop.
  • Gift vouchers cannot be redeemed for cash or for products other than those mentioned on the gift voucher.
  • Gift vouchers can only be used once and must be spent in one go, any remaining balance will expire.
  • You cannot use a gift voucher afterwards or retroactively, e.g. to use the gift voucher on a product after purchase.

Article 8: Payment

  • Inaccuracies in payment details provided or mentioned should be reported to us immediately.
  • If you choose not to pay the full amount in advance, we are entitled to charge you the direct costs for post-payment.
  • If you do not pay on time, you will receive a payment reminder to pay the invoice within 14 days. This reminder will also serve as notice of default. If you fail to make payment within this period, statutory interest and collection costs will be charged from the due date on the payment reminder.

Article 9: Complaints and Disputes

  • Agreements between us and you are governed exclusively by Nederland law.
  • If you submit a complaint, we aim to respond to your message as soon as possible, within one working week. Complaints will be answered within 14 days of receipt of the complaint at the latest. If the complaint cannot be resolved within 14 days, we will notify you of this in good time and give an indication of the period within which you may expect a solution.
  • Please note that, if we do not reach a solution together, you have the option of submitting the complaint to the European Commission's Online Dispute Resolution via https://webgate.ec.europa.eu/odr or directly to the General Disputes Committee https://www.degeschillencommissie.nl/over-ons/commissies/algemeen/ within 12 months of reporting the complaint to us.
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