Terms and Conditions

General Terms and Conditions 2023

Table of contents:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Conformity and warranty
Article 9 – Delivery and execution
Article 10 – Payment
Article 11 – Complaints procedure
Article 12 – Disputes

Article 1 – Definitions

In these conditions the following definitions apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Business customer: the natural person who acts in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
4. Buyer: a consumer or business customer;
5. Duration of transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
6. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unchanged reproduction of the stored information;
7. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
9. Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, exclusive use is made of one or more techniques for communicating on distance;
10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Fabafull BV
Correspondence address: Laan van Kroonenburg 7, 1183 AS Amstelveen
Email: info@fabafull.com
Chamber of Commerce number: 83371885
VAT number: NL862848799B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the buyer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the buyer online. The buyer must indicate that he has taken note of the general terms and conditions before purchasing.
3. At the buyer's request, the general terms and conditions can be sent free of charge.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
5. The applicability of all other general terms and conditions, including in particular the purchasing conditions of the business customer, are hereby expressly excluded.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. All prices are subject to incorrectly displayed prices. No liability is accepted for the consequences of incorrectly displayed prices. If prices are incorrectly displayed, the entrepreneur is not obliged to deliver the product at the incorrect price.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
6. Each offer contains such information that it is clear to the buyer what the rights and obligations are associated with acceptance of the offer. This concerns in particular:
a. the price including taxes for the consumer and the price excluding taxes for the business customer;
b. the costs of shipping;
c. the manner in which the agreement will be concluded and what actions are required for this;
d. the method of payment, delivery and execution of the agreement;
e. whether the agreement is archived after its conclusion, and if so, how it can be consulted by the buyer;
f. the way in which the buyer can check the data provided in the context of the agreement and, if desired, restore it before concluding the agreement.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the buyer of the offer and compliance with the conditions set therein.
2. After online acceptance by the buyer, the entrepreneur will immediately confirm online receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the buyer can terminate the agreement.
3. The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and is responsible for a safe web environment. If the buyer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inquire whether the buyer 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will make the following information available to the buyer online:
a. the visiting address of the entrepreneur's branch where the buyer can go with complaints;
b. the conditions under which and the manner in which the buyer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

Article 6 – Right of withdrawal

1. When purchasing products, the buyer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the buyer or a representative designated in advance by the buyer and announced to the entrepreneur.
2. The right of withdrawal does not apply to products of the entrepreneur that have a shelf life of less than 28 days at room temperature after receipt or that have been created by the entrepreneur in accordance with the buyer's specifications.
3. As an exception to paragraph 2, the right of withdrawal applies to business customers if it can be clearly demonstrated to the entrepreneur that the entrepreneur's products have been stored by the business customer at a temperature lower than -18 C after receipt during this period.
4. During the reflection period, the buyer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. For fresh-frozen products, returns must be transported fresh-frozen.
5. If the buyer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The buyer must make this known by email (info@fabafull.nl). After the buyer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The buyer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
6. If the buyer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods referred to in paragraphs 1 and 5. has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

1. If the buyer exercises his right of withdrawal, the buyer will be responsible for a maximum of the costs of return shipment. The costs include returning the products fresh-frozen if the products have a limited shelf life as described in Article 6, paragraphs 2 and 3.
2. If the buyer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product is received back in good condition by the entrepreneur or that conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the buyer unless the buyer expressly consents to another payment method.
3. In the event of damage and/or thawing of the product due to careless handling by the consumer or business customer himself or by the buyer, the buyer is liable for any reduction in value of the product.

Article 8 – Conformity and Warranty

1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. .
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the buyer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 8 days of delivery. Products must be returned in the original packaging and in new condition. For products delivered frozen by the entrepreneur, the returned products must be transported fresh-frozen by the buyer.
4. The warranty does not apply if the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging.

Article 9 – Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the buyer has made known to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the buyer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the buyer will be notified of this no later than 30 days after he has placed the order. In that case, the buyer has the right to terminate the agreement without costs. The buyer is under no circumstances entitled to compensation.
4. The transport of the goods to be delivered by us takes place at the risk of the entrepreneur. Specified delivery times are indicative. The buyer cannot derive any rights from any stated terms. The entrepreneur undertakes to observe the specified delivery times as much as possible, but the entrepreneur cannot be held liable for exceeding specified delivery times. Exceeding a term does not entitle the buyer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the buyer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the buyer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

Article 10 – Payment

1. Payment must be made within 14 days of the invoice date unless otherwise agreed in writing.
2. The buyer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of default by the buyer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the buyer in advance.

Article 11 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the buyer has discovered 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 requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, the buyer must first contact the entrepreneur. If a solution cannot be reached, the consumer has the option to have his complaint handled by an independent dispute committee appointed by the buyer, the decision of which is binding and both the entrepreneur and the buyer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the buyer to the relevant committee. It is also possible to register 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 indicates otherwise in writing.

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 12 – Disputes

1. Agreements between the entrepreneur and the buyer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the buyer lives abroad.