General Terms and Conditions Dutch Harvestl

Version 3.0, november 2020

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with Dutch Harvest;

Day: calendar day;

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

Right of withdrawal: the possibility for the consumer within the cooling-off period to waive the distance contract;

Entrepreneur: the natural or legal person who offers products to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organized by the Entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;

Technique for distance communication: means that can be used for concluding an agreement, without the Consumer and the Entrepreneur being in the same room at the same time;

Article 2 – Identity of Entrepreneur:

Name: Dutch Harvest

Address: Postbus 15739, 1001NE, AMSTERDAM

Phone number: 0031(0)6-27223773

E-mailaddress: hello [at] dutchharvest.org

VAT number: NL182062661B0

Chamber of Commerce nr.: 59236914

Bank: Triodos, NL77 TRIO 0390 9504 59

Article 3 – Applicability

These general terms and conditions apply to every offer of Dutch Harvest and to every distance contract concluded between Dutch Harvest and consumers.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at Dutch Harvest and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, may, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer can easily be stored on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs will apply accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting general conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Dutch Harvest uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Dutch Harvest.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, Dutch Harvest will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Dutch Harvest, the consumer may dissolve the agreement.
If the agreement is concluded electronically, Dutch Harvest will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Dutch Harvest will take appropriate security measures.
Dutch Harvest may – within legal frameworks – inform the consumer whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Dutch Harvest has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
Dutch Harvest will accompany the product or service to the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
the e-mail address Dutch Harvest where the consumer can turn to with complaints;
the conditions under which and the manner in which the Consumer can make use of the right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal;
the information about warranties and existing after-sales service;
the data included in article 4 paragraph 3 of these terms and conditions, unless Dutch Harvest has already provided these data to the Consumer prior to the performance of the agreement;

Article 6 – Return policy

In case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to cancel (part of) the delivered goods within a period of 14 working days without giving any reason. This period begins when the ordered goods are delivered. The customer has after cancellation another 14 days to return the product. If the customer has not returned the delivered goods to Dutch Harvest after the end of this period, the purchase is a fact. The customer is obliged, before proceeding to return, to notify Dutch Harvest in writing within the period of 14 working days after delivery. The customer must prove that the goods delivered were returned on time, for example by means of proof of postal delivery. The return of the goods delivered shall be at the expense and risk of the customer.
Return of the goods must take place in the original and unopened packaging and in new condition. If the goods have been used, encumbered or damaged in any way at the buyer’s, the right to dissolution within the meaning of this paragraph will lapse. Opened packaging will not be taken back; opening the packaging means that the buyer wishes to keep the product(s) (nevertheless). The buyer shall bear the costs of and the risk for the shipment himself.
Dutch Harvest retains the right to refuse returned products or to credit only a part of the amount paid when there is a clearly identifiable suspicion that the product has already been used or the packaging has already been opened, or has been damaged through the fault of the buyer (other than that of Dutch Harvest).
If a product is returned that, in the opinion of Dutch Harvest, has suffered damage due to an act or omission of the buyer or is otherwise at the risk of the buyer, Dutch Harvest will inform the buyer of this in writing (via letter or e-mail). Dutch Harvest reserves the right to withhold the depreciation of the product as a result of this damage from the amount to be refunded to the buyer.
Subject to what is stipulated in 6.1, 6.2, 6.3 and 6.4 Dutch Harvest will ensure that within 30 days after proper receipt of the return shipment, the full purchase amount including the calculated shipping costs will be refunded to the customer.

Article 7 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, Dutch Harvest may offer products or services whose prices are subject to fluctuations in the financial market and on which Dutch Harvest has no influence, with variable prices. This obligation to fluctuate and the fact that any prices quoted are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if Dutch Harvest has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of misprints and typesetting errors.
All prices on the site are in EURO’s and include 9% or 21% VAT.
When using discount codes for payment, Dutch Harvest will check whether the discount has been applied correctly and will therefore decide whether the discount can be granted. In case of incorrect application, Dutch Harvest reserves the right to cancel the order.

Article 8 – Conformity and Warranty

Dutch Harvest 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. If agreed, Dutch Harvest also guarantees that the product is suitable for other than normal use.
A guarantee provided by Dutch Harvest, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against Dutch Harvest on the basis of the agreement.

Article 9 – Offers

Offers are without obligation, unless otherwise stated in the offer.
Upon acceptance of a non-binding offer by the buyer, Dutch Harvest reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
Verbal commitments bind Dutch Harvest only after they have been explicitly confirmed in writing.
Offers of Dutch Harvest do not automatically apply to repeat orders.
Dutch Harvest cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
Additions, changes and / or further agreements are only effective if agreed in writing.

Article 10 – Delivery and execution

Dutch Harvest will take the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Dutch Harvest will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer will receive notification of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, Dutch Harvest will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product turns out to be impossible, Dutch Harvest will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of Dutch Harvest.
The risk of damage and/or loss of products rests with Dutch Harvest until the moment of delivery to the consumer or a representative appointed in advance and made known to Dutch Harvest, unless explicitly agreed otherwise.
If you place an order with Dutch Harvest, your data will be included in the customer database of Dutch Harvest. Dutch Harvest adheres to the Personal Data Protection Act and will not provide your data to third parties. See also our Privacy Policy. <<Here is the link to Privacy policy below.
Dutch Harvest respects the privacy of the users of the website and ensures that your personal information is treated confidentially.
In some cases Dutch Harvest makes use of a mailing list. Each mailing contains instructions on how to remove yourself from this list.

Article 11 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the consideration period.
The consumer has the obligation to report any inaccuracies in the payment details provided or stated to Dutch Harvest without delay.
In the event of non-payment by the consumer, Dutch Harvest has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 12 – Complaints procedure

Complaints about the execution of the agreement must be submitted to Dutch Harvest within 3 days after receipt, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to Dutch Harvest will be answered within a period of 3 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, Dutch Harvest will answer within the period of 3 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute resolution procedure.

Article 13 – Applicable law/competent court

All agreements shall be governed by Dutch law.

Disputes arising from an agreement between Dutch Harvest and the buyer, which cannot be resolved by mutual agreement, will be brought before the competent court within the district of Amsterdam, unless Dutch Harvest prefers to submit the difference to the competent court of the domicile of the buyer, with the exception of those disputes that fall within the competence of the cantonal court.

Please note: Our general terms and conditions have been drawn up in Dutch, and were translated into English with an automatic translator. This can possibly lead to poorly formulated sentences here and there. We apologize for this.