Table of contents:

Article 1 - Definitions
Article 2 - Identity of the economic operator
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Damage and/or loss to the delivered goods
Article 7 - Right of withdrawal
Article 8 - Costs in case of revocation
Article 9 - Exclusion of right of withdrawal
Article 10 - The price
Article 11 - Conformity and warranty
Article 12 - Delivery and execution
Article 13 - Duration transactions: duration, termination and renewal Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or different provisions
Article 18 - Force majeure

Article 1 - Definitions

For the purposes of these terms and conditions:

1. 1 Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

1. 2 Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

1. 3 Day: calendar day;

1. 4 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;

1. 5 Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same room at the same time.

1. 6 Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

1. 7 Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

1. 8 Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

1. 9 Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when he wants to exercise his right of withdrawal.

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

1.11 General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the economic operator

Pine & Ginger (trade name);
Branch office in The Netherlands
E-mail address: info@pineginger.com
Chamber of Commerce number: 645941

Article 3 - Applicability

3. 1 These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders placed between entrepreneur and consumer.

3. 2 Before the distance contract is concluded, the text of these 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 the operator and they will be sent to the consumer free of charge as soon as possible at the consumer's request.

3. 3 If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, 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.

3. 4 In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.

3. 5 If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced in mutual consultation by a provision that approximates the purport of the original as closely as possible.

3. 6 Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

3. 7 Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

3. 8 By accepting the entrepreneur's offer, the consumer accepts the general terms and conditions applicable at that time
. Each time he accepts an offer from the entrepreneur, the consumer is exclusively responsible for reading and accepting the terms and conditions applicable at that time.

Article 4 - The offer

4. 1 If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

4. 2 The offer is without obligation. The entrepreneur is entitled to change and amend the offer.

4. 3 The offer shall contain a complete and accurate description of the products offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur 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 the entrepreneur.

4. 4 All images, specifications and information contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

4. 5 Product images are a true representation of the products offered. Entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.

4. 6 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes; any shipping costs;

the manner in which the agreement will be concluded and what actions will be necessary for that purpose;

whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;

whether the contract will be archived after its conclusion, and if so, how this can be consulted by the consumer;

the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him within the framework of the agreement and, if desired, rectify it;

any other languages in which, in addition to Dutch, the agreement may be concluded;

the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of an endurance transaction.

Optional: available sizes, colors, type of materials.

Article 5 - The Agreement

5. 1 The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.

5. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this

acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

5. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

5. 4 The entrepreneur may - within the limits of the law - inform himself whether the consumer 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.

5. 5 The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

  2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;

  3. information on warranties and existing after-sales service;

  4. the data included in article 4 paragraph 3 of these terms and conditions, unless

    the trader has already provided the consumer with these data prior to the execution of the agreement;

5. 6 In the case of an enduring transaction, the provision of the previous paragraph shall only apply to the first delivery.

5. 7 Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Damage and/or loss to the delivered goods

6. 1 Hidden / invisible damage. Under forfeiture of any compensation, the consumer will immediately, and in any case within 7 calendar days from the day of delivery, notify the entrepreneur as well as photos of the hidden / invisible damage, the method of taking photos is set out on the website of the entrepreneur https://www.pineginger.nl/. The entrepreneur will in turn contact the entity responsible for the shipment of the delivered products for the further handling of the claim. The consumer should in any case keep the damaged goods in their original packaging until after the claim has been regularized.

Article 7 - Right of withdrawal

7. 1 When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative appointed by the consumer and made known to the entrepreneur.

7. 2 During the reflection period, the consumer 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 with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

7. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known 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 dispatch.

7. 4 If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal and has not returned the product to the Entrepreneur, the purchase is a fact.

Article 8 - Costs in case of revocation

8. 1 If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of returning the goods.

8. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.

8. 3 In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.

8. 4 The consumer cannot be held liable for any reduction in the value of the product if not all legally required information about the right of withdrawal has been provided by the entrepreneur, this must be done before concluding the purchase contract.

8. 5 The consumer shall only be liable for any diminished value of the goods resulting from the use of the goods going beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Article 9 - Exclusion of right of withdrawal

9. 1 The trader 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 trader has clearly stated this in the offer, at least in good time before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

  1. established by the trader in accordance with the consumer's specifications;

  2. that are clearly personal in nature;

  3. which, by their nature, cannot be returned;

  4. that can spoil or age quickly;

  5. the price of which is linked to fluctuations in the financial market over which the entrepreneur has no influence;

  6. for individual newspapers and magazines;

  7. for audio and video recordings and computer software of which the consumer

    has broken the seal.

  8. for hygienic products of which the consumer has broken the seal.

Article 10 - The price

10. 1 During the validity period 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.

10. 2 By way of derogation from 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. These fluctuations and the fact that any prices quoted are target prices, are mentioned in the offer.

10. 3 Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

10. 4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  1. they are the result of statutory regulations or provisions; or

  2. the consumer has the right to terminate the contract as of the day on which the

    price increase takes effect.

The prices mentioned in the offer of products are inclusive of VAT.

10. 5 All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and

typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 11 - Conformity and Warranty

11. The entrepreneur guarantees that the products meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

11. 2 A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

11. 3 Any defects or incorrectly delivered products must be reported to the entrepreneur by e-mail within 2 weeks after delivery. Products must be returned in their original packaging and in new condition.

11. 4 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.

11. 5 The guarantee does not apply if:

The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;

The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or the quality of the materials used.

Article 12 - Delivery and execution

12. 1 The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.

12. 2 The place of delivery shall be the address which the consumer has made known to the company.

12. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notice of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.

12. 4 All delivery periods are indicative. The consumer cannot derive any rights from any of these periods. Exceeding a term does not entitle the consumer to compensation.

12. 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 at the latest within 14 days after dissolution.

12. 6 If delivery of an ordered product turns out to be impossible, the entrepreneur 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. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

12. 7 The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.

Article 13 - Duration transactions: duration, termination and renewal termination

13. 1 The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.

13. 2 The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period terminate, subject to agreed termination rules and a notice of up to one month.

13. 3 The consumer may conclude the contracts referred to in the preceding paragraphs:

terminate at any time and not be limited to termination at a specific time or in a specific period of time;
at least denounce them in the same way as they were entered into by him;
always terminate with the same notice as the entrepreneur has stipulated for himself. Renewal

13. 4 A contract that has been entered into for a fixed period of time and that is intended for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period of time.

13. 5 Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer at the end of the extension may terminate the contract with a notice of up to one month.

13. 6 A contract that has been concluded for a definite period and that extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may at any time terminate with a notice of up to one month and a notice of up to 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.

13. 7 An agreement with a limited duration for the regular supply of daily newspapers, news and weekly newspapers and periodicals for acquaintance (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

13. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.

Article 14 - Payment

14. 1 Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

14. 2 The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

14. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer for the reasonable costs made known in advance.

Article 15 - Complaints procedure

15. 1 The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

15. 2 Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days completely and clearly described, after the consumer has discovered the defects.

15. 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 foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

15. 4 If the complaint cannot be resolved by mutual agreement, a dispute shall arise that is subject to dispute resolution.

15. 5 In case of complaints, a consumer should first of all turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee is associated with costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

15. 6 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

15. 7 If a complaint is found to be well-founded by the Entrepreneur, the Entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.

Article 16 - Disputes

16. 1 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.

16. 2 The Vienna Convention on Contracts for the International Sale of Goods shall not apply.

Article 17 - Additional or different provisions

17. 1 Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Consumer's detriment and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.

Article 18 - Force majeure

18. 1 The entrepreneur cannot be held liable for violations, delays or defects in the execution of the agreement between entrepreneur and consumer if these are the result of facts or circumstances that are independent of the will of one of the entrepreneur, that cannot be foreseen, and that cannot be avoided, including but not limited to earthquake, thunderstorm, flood, fire, illness, fog, snow or frost, war, accident, strikes, embargo, failures and/or problems with the utilities (including failure of electricity, telecommunication or internet), mechanical problems of means and/or machines, and unforeseen lack of personnel.

18. 2 Both the entrepreneur and the consumer who wishes to invoke such facts or circumstances, if any, are obliged to disclose these facts or circumstances to the other party in writing as soon as possible, to make every effort to limit their duration to the strict minimum and also to inform the other party in writing if these facts or circumstances have ceased to exist.

18. 3 If these facts or circumstances last longer than 5 days, either party may terminate the agreement by operation of law and by registered letter without any compensation being due.

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