Terms and conditions

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 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

The following definitions apply in these terms and conditions:

• Cooling-off Period: The period within which the consumer can exercise their right of withdrawal;
• Consumer: The natural person not acting in the exercise of a profession or business and entering into a distance agreement with the entrepreneur;
• Day: Calendar day;
• Duration Transaction: A distance agreement related to a series of products and/or services, with the obligation for delivery and/or purchase spread over time;
• Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
• Right of Withdrawal: The option for the consumer to withdraw from the distance agreement within the cooling-off period;
• Model Form: The withdrawal form provided by the entrepreneur that the consumer can fill in when they wish to exercise their right of withdrawal.
• Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
• Distance Agreement: An agreement where, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
• Technique for Distance Communication: Means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space simultaneously.
• Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 - Taste and Tintle Trading House B.V.

Taste and Tintle Trading House B.V.
Registered Address: Wilhelminastraat 39-III, 1054 VV Amsterdam
Phone Number: 06 - 26 19 47 48 (Monday to Friday from 9:00 to 18:00)
Email Address: [email protected]
Chamber of Commerce Number: 34252732
VAT Identification Number: NL8160.73.144.B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request as soon as possible.
If the distance agreement is concluded electronically, contrary to the previous paragraph, and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or in another manner free of charge upon request by the consumer.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs will apply by analogy, and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced immediately in mutual consultation by a provision that approximates the purpose of the original as closely as possible.
Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms should be explained ‘in the spirit’ of these general terms and conditions.

Article 4 - The Offer

If an offer is of limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information to make it clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns, in particular:

• The price, including taxes;
• Any shipping costs;
• The method by which the agreement will be concluded and the necessary actions for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and execution of the agreement;
• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• The rate for distance communication if the costs for using the distance communication technique are calculated on a basis other than the regular base rate for the used communication method;
• Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• The way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by them in the context of the agreement;
• Any other languages in which, besides Dutch, the agreement can be concluded;
• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
• The minimum duration of the distance agreement in the case of a duration transaction.

Article 5 - The Agreement

The agreement is established, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse a request or application with reasons or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• The address of the entrepreneur's establishment where the consumer can lodge complaints;
• The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• The information about guarantees and existing after-sales services;
• The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
  Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

For product delivery:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts the day after the product is received by the consumer or a previously designated representative made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to retain the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur, with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this using the model form. 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 on time, for example by means of proof of shipment.
If the customer has not made known after the expiration of the terms mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

For the provision of services:

When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
To use his right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, at most the costs of returning the goods will be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

• That have been created by the entrepreneur according to the consumer's specifications;
• That are clearly personal in nature;
• That cannot be returned due to their nature;
• That spoil or age quickly;
• Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• For single newspapers and magazines;
• For audio and video recordings and computer software where the consumer has broken the seal;
• For hygiene products where the consumer has broken the seal.
  Exclusion of the right of withdrawal is only possible for services:
• Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
• The delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
• Concerning bets and lotteries.

Article 9 - The Price

During the period mentioned 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.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within three months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

• They are the result of statutory regulations or provisions; or
• The consumer has the authority to terminate the agreement on the day the price increase takes effect.
  The prices mentioned in the offer of products or services include VAT.
  All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of delivery. Returned products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and/or on the packaging;
• The defectiveness is wholly or partly the result of regulations set by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from the stated periods. Exceeding a period does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and that provides for the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and that provides for the regular delivery of products (including electricity) or services at any time at the end of the specified period, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

• At any time and is not restricted to termination at a specific time or in a certain period;
• At least terminate in the same way as they were entered into by him;
• Always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement entered into for a definite period and that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Contrary to the previous paragraph, an agreement entered into for a definite period and that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specified period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this term starts after the consumer has received the confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint following this complaints procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within two months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution.
In case of complaints, a consumer must first contact the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved in mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree with this binding decision. Costs are associated with submitting a dispute to this disputes committee, which the consumer must pay to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable data carrier.