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I. CHOCOLATEMAKERS, with its office at Radarweg 32A, 1042 AA in Amsterdam, registered with the Amsterdam Chamber of Commerce under number 57652066, hereinafter referred to as CHOCOLATEMAKERS. CHOCOLATEMAKERS offers its products through a shop application on the Internet, a so-called Web shop.
II. The Customer is the purchaser or customer of CHOCOLATEMAKERS.
III. CHOCOLATEMAKERS assumes good faith and that they and the Customer can and want to be of service to each other. CHOCOLATEMAKERS does business honestly and is always based on reasonableness and fairness. It does, however, deem it necessary to draw up and apply these General Terms and Conditions for the sake of good order.
IV. An agreement can be a verbal (telephonic) agreement or an e-mail or an order in the Webshop without actually being signed by both parties.
1.1 These terms and conditions apply to all offers of CHOCOLATEMAKERS. The conditions are accessible to everyone and included on the website of CHOCOLATEMAKERS. On request we will send you a written copy.
1.2 By placing an order, you acknowledge that you agree with the delivery and payment terms. CHOCOLATEMAKERS reserves the right to change its delivery and/or payment terms after the expiry of the term
1.3 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognised by CHOCOLATEMAKERS.
1.4 CHOCOLATEMAKERS guarantees that the delivered product meets the agreement and the specifications stated in the offer.
2.1 Delivery takes place as long as stocks last.
2.2 Within the framework of the rules of distance selling, CHOCOLATEMAKERS will execute orders at least within 7 days. If this is not possible (because the ordered products are out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially carried out, the consumer will receive a message within 1 week after placing the order and in that case he has the right to cancel the order without cost and notice of default.
2.3 CHOCOLATEMAKERS' obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the items delivered by CHOCOLATEMAKERS have been offered to the Customer once. In the case of home delivery, the carrier's report, containing the refusal to accept, will serve as full proof of the offer to deliver.
2.4 All periods mentioned on the internet site are indicative. No rights can therefore be derived from the terms stated.
2.5 For the delivery of the chocolate CHOCOLATEMAKERS makes use of the services of PostNL and GLS. Orders of up to 12 bars are offered as a letterbox package. This means that the package is not traceable. Shipping is therefore entirely at your own risk. Items that do not arrive will not be credited.
2.6 If the Customer has specified a desired delivery date when placing the order, CHOCOLATEMAKERS will send the order 1 working day before the specified delivery date. Late delivery of the order is no reason for crediting the order and/or delivery costs.
2.7 CHOCOLATEMAKERS is not responsible for untimely or non-internal forwarding of parcels within, for example, large international concerns, hospitals, receptions, companies and for mutual agreements between the delivery service and the recipient.
2.8 If the recipient refuses the parcel, for whatever reason, it will be returned by PostNL Parcel Service. Please note that with large concerns, etc. the concern is the recipient and not the contact person.
2.9 CHOCOLATEMAKERS is not responsible for incorrectly specified addresses. If the customer has given an incorrect address, the package can be returned by PostNL Parcel Service or the letterbox package will be delivered to the address given (name of recipient and address do not have to match, address given is leading). There will be no crediting of the order.
3.1 Prices shall not be increased during the term of the offer, unless legal measures make this necessary or if the manufacturer introduces interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors.
3.3 The prices on the site for our chocolates are in EURO and include 9% VAT. For the prices of our experience tours and guided tours the VAT rate of 21% applies.
3.4 If discount codes are used during payment, CHOCOLATEMAKERS will check whether the discount has been applied correctly and will therefore decide whether the discount can be granted. In the event of incorrect application CHOCOLATEMAKERS reserves the right to cancel the order.
4. Trial period/withdrawal right
4.1 In the event 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 return (part of) the goods delivered within a period of 14 working days without stating the reason. This period starts at the moment the ordered goods are delivered. If the buyer has not returned the delivered goods to CHOCOLATEMAKERS after this period, the purchase is a fact. The Customer is obliged to notify CHOCOLATEMAKERS in writing within the period of 14 working days after delivery, before proceeding to return the goods. The purchaser must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the Customer.
4.2 The goods must be returned in the original and unopened packaging and in new condition. If the goods have been used, encumbered or damaged in any way by the buyer, the right to dissolution within the meaning of this paragraph will lapse. Opened packages will not be taken back; opening the package means that the buyer wishes to keep the product(s) (after all). The customer must bear the costs and risk of the shipment himself.
4.3 CHOCOLATEMAKERS reserves the right to refuse returned products or to credit only part of the amount paid if there is a clear suspicion that the product has already been used or the packaging has already been opened, or has been damaged through the fault of the Customer (other than that of CHOCOLATEMAKERS).
4.4 If a product is returned which, in CHOCOLATEMAKERS' opinion, has incurred damage due to an act or omission by the Customer or is otherwise at the Customer's risk, CHOCOLATEMAKERS will notify the Customer of this in writing (by letter or e-mail). CHOCOLATEMAKERS reserves the right to deduct the decrease in value of the product as a result of this damage from the amount to be repaid to the Customer.
4.5 With due observance of the provisions of Articles 4.1, 4.2, 4.3 and 4.4, CHOCOLATEMAKERS will ensure that the full purchase amount, including the calculated dispatch costs, is refunded to the Customer within 30 days of the return shipment being properly received.
CHOCOLATEMAKERS will execute the agreement for the delivery of product to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
Delivery of products takes place only upon prepayment. A tour can also only take place if it is paid for in advance.
7. Data management
7.2 CHOCOLATEMAKERS respects the privacy of the users of the Internet site and ensures the confidential treatment of your personal data.
7.3 CHOCOLATEMAKERS sometimes makes use of a mailing list. Each mailing contains instructions on how to remove yourself from this list. The information on data management is not part of the general terms and conditions, please consult our document 'privacy statement and cookie statement'.
8.1 CHOCOLATEMAKERS guarantees that the products it delivers meet the requirements of usability, reliability and lifespan as reasonably intended by the parties in the purchase agreement, and thereby vouches for the factory guarantee of the product delivered to you.
8.2 The guarantee period of CHOCOLATEMAKERS corresponds to the manufacturer's guarantee period. However, CHOCOLATEMAKERS is never responsible for the ultimate suitability of the goods for each individual application by the buyer, nor for any advice regarding the use or application of the goods.
8.3 The Customer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered goods are wrong, faulty or incomplete, the Customer must (before proceeding to return them to CHOCOLATEMAKERS) notify CHOCOLATEMAKERS of these defects immediately in writing. Any defects or incorrectly delivered goods must and can be reported in writing to CHOCOLATEMAKERS up to a maximum of 2 months after delivery. Goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Use after the discovery of the defect, damage occurring after the discovery of the defect, encumbrance and/or resale after the discovery of the defect render this right of complaint and return completely null and void.
8.If CHOCOLATEMAKERS finds the Customer's complaints well-founded, CHOCOLATEMAKERS shall, at its option, either replace the delivered goods free of charge or make a written arrangement with the Customer regarding compensation, on the understanding that CHOCOLATEMAKERS' liability and therefore the amount of compensation is always limited to a maximum of the invoice amount for the goods in question, or (at CHOCOLATEMAKERS' option) to the maximum amount covered by CHOCOLATEMAKERS' liability insurance in the case in question. Any liability of CHOCOLATEMAKERS for any other form of loss or damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential loss or damage due to loss of profit.
8.5 CHOCOLATEMAKERS is not liable for damage caused by intent or equivalent recklessness on the part of non-managerial staff.
8.6 This guarantee does not apply if: A) and for as long as the purchaser is in default towards CHOCOLATEMAKERS; B) the purchaser has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of CHOCOLATEMAKERS and/or the instructions for use on the packaging; D) the defectiveness is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used;
9.1 Offers are without obligation, unless stated otherwise in the offer.
9.2 When accepting a non-binding offer by the buyer, CHOCOLATEMAKERS reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
9.3 Verbal commitments shall only be binding on CHOCOLATEMAKERS after they have been explicitly confirmed in writing.
9.4 Offers from CHOCOLATEMAKERS do not automatically apply to repeat orders.
9.5 CHOCOLATEMAKERS 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.
9.6 Supplements, amendments and/or further agreements shall only be effective if agreed in writing.
10.1 An agreement between CHOCOLATEMAKERS and a Customer comes into being after an order has been assessed for feasibility by CHOCOLATEMAKERS.
10.2 CHOCOLATEMAKERS reserves the right not to accept orders or assignments without giving reasons.
11. Images and specifications
All images; photos, drawings etc.; including data on weights, dimensions, colors, images of labels, etc. on the CHOCOLATEMAKERS internet site and packaging are approximate only, are indicative and cannot be a reason for compensation or dissolution of the agreement.
12. Force majeure
12.1 CHOCOLATEMAKERS is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
12.2 Force majeure is understood to be any strange cause, as well as any circumstance that should not reasonably be at the risk of the Seller. Force majeure expressly includes delays at or failure to perform by our suppliers, disruptions in the internet and bugs in the system, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in the supply, negligence by suppliers and/or manufacturers of CHOCOLATEMAKERS as well as auxiliary persons, staff sickness, and deficiencies in auxiliary or transport means.
12.3 In the event of force majeure, CHOCOLATEMAKERS reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. CHOCOLATEMAKERS is in no case obliged to pay any fine or compensation.
12.4 If CHOCOLATEMAKERS has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, it is entitled to separately invoice the part already delivered or the part which can be delivered, and the Customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
CHOCOLATEMAKERS is not liable for illness or death of pets in mail orders where the pet can get to the packaged chocolate and eat it.
14. Retention of title
14.1 Ownership of all goods sold and delivered by CHOCOLATEMAKERS to the Customer shall remain with CHOCOLATEMAKERS as long as the Customer has not paid the claims of CHOCOLATEMAKERS under the agreement or previous or subsequent similar agreements, as long as the Customer has not yet paid the work performed or to be performed under these or similar agreements and as long as the Customer has not yet paid CHOCOLATEMAKERS' claims for failure to fulfil such obligations, including claims relating to penalties, interest and costs, all this as referred to in Article 3:92 BW (DUTCH CIVIL CODE).
14.2 The goods delivered by CHOCOLATEMAKERS which fall under the retention of title may only be sold on within the framework of normal business operations and may never be used as a means of payment.
14.3 The customer is not authorised to pledge or encumber in any other way the goods falling under the retention of title.
14.4 The Customer hereby unconditionally and irrevocably authorises CHOCOLATEMAKERS or a third party to be appointed by CHOCOLATEMAKERS, in all cases in which CHOCOLATEMAKERS wishes to exercise its property rights, to enter all those places where its property will be located and to take those goods with it.
14.5 If third parties levy attachment on the goods supplied subject to retention of title or wish to establish or assert rights thereon, the purchaser is obliged to inform CHOCOLATEMAKERS of this as soon as can reasonably be expected.
14.5 The purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make this insurance policy available for inspection by CHOCOLATEMAKERS on demand.
15. Applicable law/jurisdiction
15.1 All agreements are governed by Dutch law.
15.2 Disputes arising from an agreement between CHOCOLATEMAKERS and the buyer, which cannot be resolved by mutual consultation, will be heard by the competent court within the district of Amsterdam, unless CHOCOLATEMAKERS prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall under the jurisdiction of the subdistrict court.
16. Guided tours
16.1 Tours and workshops take place during production/office hours (9:00-17:00) and at weekends.
16.2 The customer is expected to leave the rooms and all materials, objects and/or equipment in their original state when entering the CHOCOLATEMAKERS factory. The customer is always responsible for any damage, nuisance and/or inconvenience caused during the tour.
16.3 It is not permitted to bring food and drink into the factory or to consume it. Food and drink in (closed) bags must be reported.
16.4 Pets etc. are not allowed.
16.5 Customers who do not arrive on time risk not being able to join the tour and are also not entitled to a refund.
CHOCOLATEMAKERS is not liable for damage or loss of personal property.
18.1 Cancellation of bookings through the website (Eventix - consumer) visits can be done up to 24h in advance; then you can get a refund or we move your booking to another date.
18.2 Cancellations made by consumers within 24 hours of the booked tour or workshop will not be reimbursed and cannot be rescheduled.
18.3 Cancellation charges for groups (both companies and consumers) are calculated as follows:
- cancellation up to 1 month before commencement: 25% of the price;
c. Cancellation up to 14 days before commencement: 50% of the price;
d. Cancellation up to 7 days before the start: 75% of the price;
e. Cancellation later than 7 days before the start: 100% of the price.