Terms and conditions

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-obligations of the consumer during the cooling-off period
Article 8-exercise of the right of withdrawal by the consumer and costs thereof
Article 9-obligations of the entrepreneur in case of withdrawal
Article 10-exclusion of right of withdrawal
Article 11-the price
Article 12 - compliance and additional guarantee
Article 13-delivery and execution
Article 14-duration transactions: duration, termination and extension
Article 15-Payment
Article 16-Complaints Procedure
Article 17-Disputes
Article 18-additional or different provisions

Article 1-Definitions

In these conditions it is understood that:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Grace period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his commercial, business, craft or professional activity;
Day: calendar;
Digital content: data produced and delivered in digital form;
Continuing performance contract: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
Sustainable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the information. stored information enables;
Right of withdrawal: the possibility of the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement only or partly uses one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - identity of the entrepreneur

Casa Di Ruscello, part of " van Beek uit Reek V. O. F.”
For website www.buitenpizzaovenkopen.nl
Infection pathway 5
5375KS series

Phone number: 06-33711195
E-mail address: info@casadirusscello.nl
Chamber of Commerce number: 56930666
Btw-identificatienummer: NL852367028B01

Article 3-Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed by the entrepreneur 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, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable data carrier. 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 free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4-the offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
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 therein.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms 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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically,the entrepreneur will take appropriate security measures.
The entrepreneur can inform himself within legal frameworks – 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 reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer 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 way in which the consumer can make use of the right of withdrawal, or a clear notification about the exclusion of the right of withdrawal;
3. the information about warranties and existing service after purchase;
4. the price including all taxes of the product, service or digital content; to the extent applicable the cost of delivery; and the method of payment, delivery or performance of the distance contract;
5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite;
6. if the consumer has a right of withdrawal, the model form for withdrawal.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right Of Withdrawal

The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his Reason(s).
The cooling-off period referred to in Paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.
2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
3. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

Extended cooling-off period for products, services and digital content that has not been delivered on a material carrier in the event of failure to inform about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model form for withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7-obligations of the consumer during the cooling-off period

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 the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in Paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8-exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he reports this within the cooling-off period by means of the model form for withdrawal or in another unambiguous way to the entrepreneur.
As soon as possible, but within 14 days from the day following the notification referred to in Paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories delivered, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
If the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water or electricity that are not made ready for sale in a limited volume or certain quantity begins during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the contract. obligation that has been fulfilled by the entrepreneur at the time of revocation, compared to the full fulfillment of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model form for withdrawal, or;
2. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
1. prior to its delivery, he has not expressly agreed to commence the performance of the agreement before the end of the cooling-off period;
2. he has not acknowledged losing his right of withdrawal when giving his consent; or
3. the entrepreneur has failed to confirm this statement of the consumer.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9-obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
The entrepreneur reimburses all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
The entrepreneur uses the same means of payment that the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10-exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the guidance of an auctioneer, and in which the successful bidder is obliged to sell the products, digital content and/ or purchase services;
Service agreements, after full performance of the service, but only if:
1. the execution has begun with the express prior consent of the consumer; and
2. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Package tours as referred to in Article 7: 500 of the Dutch civil code and passenger transport agreements;
Service agreements for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities, if a certain date or period of their implementation is provided for in the agreement;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of Health Protection or hygiene and whose SEAL has been broken after delivery;
Products that are irrevocably mixed with other products after delivery;
Alcoholic beverages whose price was agreed at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, excluding subscriptions thereto;
The delivery of digital content other than on a tangible medium, but only if:
1. the execution has begun with the express prior consent of the consumer; and
2. the consumer has stated that he loses his right of withdrawal.

Article 11-the price

During the period of validity stated 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 can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are Guide prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. these are the result of legal regulations or provisions; or
2. the consumer has the power to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12-fulfilment of agreement and additional guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal 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.
An additional guarantee provided by the Entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed in the fulfillment of his part of the agreement.
An additional guarantee is understood to mean any commitment of the Entrepreneur, his supplier, importer or producer in which he grants to the consumer certain rights or claims that go beyond what he is legally obliged to in case he has failed in the fulfillment of his part of the agreement.

Article 13-delivery and execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-appointed representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 14-duration transactions: duration, termination and extension

Termination:

The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to 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 can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can use the agreement/s mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a certain time or in a certain period;
- at least cancel in the same way as they were contracted by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period not more than one month.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after 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 15-Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When prepayment has been stipulated, the consumer can not assert any right regarding the execution of the relevant order or service(s), before the stipulated prepayment has taken place.
The consumer has the obligation to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.
If the consumer does not meet his payment obligation(s) on time, this is, after he has been informed by the Entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, the statutory interest is due on the remaining amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500,=; 10% over the next € 2,500,= and 5% over the next € 5,000,= with a minimum of € 40,=. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 16-Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
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 respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement.

Article 17-Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 18-additional or different provisions

Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable data carrier.

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