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Terms and Conditions

General Terms and Conditions Appelsap

 

These General Terms and Conditions are applicable to all Offers on behalf of Appelsap and Orders placed with Appelsap. Should you need a copy of these General Terms and Conditions, you could find and download the latest version on our website or, upon request, we would be willing to send you one. The latest version always applies, or in particular cases the version as applicable when ordering. These General Terms and Conditions apply to both consumer sales as non-consumer sales.

 

Article 1. Definitions

- Agreement: the agreement which has been concluded between Appelsap and the Customer pertaining to the law of obligations and according to these General Terms and Conditions, amongst others Orders placed with Appelsap on behalf of the Customer.

- Appelsap: the contractual party who is using these general Terms and Conditions, with legal identity set forth in Article 2.

- Customer: every natural person, not being a legal entity or company and who is not acting in the execution of a profession or company, who placed an Order with Appelsap and therefore has concluded an Agreement.

- General Terms and Conditions: these general terms and conditions as used by Appelsap.

- Offer: every offer on behalf of Appelsap, of whatever nature with Appelsap.

- Order: an order placed with Appelsap on behalf of the Customer for the sales and delivery of one or more Products.

- Parties: Appelsap and the Customer.

- Product: one or more products to be sold and delivered by or on behalf of Appelsap upon an Order placed with Appelsap on behalf of the Customer.

- Website: the website(s) of Appelsap, including social media accounts and apps of Appelsap, either directly or indirectly connected to the domain name(s) www.appelsap.net.

 

Article 2. The identity of Appelsap

Appelsap and all companies related thereto (hereafter: ‘Appelsap’), BalthazeFloriszstraat 8hs, 1071 VC, Amsterdam, the Netherlands, e-mail: info@appelsap.net.

 

Article 3. Acceptance of the General Terms and Conditions

– The present General Terms and Conditions apply to all Offers and Agreements between Appelsap and another party (the Customer), as far as Parties have not explicitly waived these present General Terms and Conditions in writing (beforehand).

– The present General Terms and Conditions also apply to Agreements with Appelsap if and insofar it involves third parties to perform the order.

– Possible adjustments to these General Terms and Conditions are only applicable if and insofar explicitly agreed upon in writing.

 

Article 4. Order confirmation

– All Offers are without obligations and take place in writing, in whatever form (including digital). Every Offer contains a signed date or date and can therefore be reduced to date.

– Appelsap is exclusively bound to Offers if and when the Customer’s acceptance takes place within the appropriate term, preferably in writing (including digital). All prices are including VAT.

– Appelsap accepts and performs the Order as soon as the bank of Appelsap confirms the payment by the Customer.

– Appelsap cannot be obliged to abide by its Offers if the Customer, in all fairness and according to generally accepted practice, could have known that the Offer or a part of it contains an evident mistake, omission or error.

– If (on subordinate points) the acceptance deviates from the Offer as included in the Order, Appelsap is not obliged to abide by it. In this case, the Agreement does not originate in accordance with this deviant acceptance, unless Appelsap indicates otherwise.

– Appelsap is authorized to – within a legal framework – inquire about the Customer’s ability to comply with its payment obligation, as well as after the facts and factors that are important to a responsible origination of a distance selling set forth in the Agreement. If, based on this investigation, Appelsap has good reasons not to enter into the Agreement, Appelsap is entitled to reject an Order or request with sufficient substantiation, or to apply special conditions to the performance of the Order.

 

Article 5. Right of withdrawal

– When purchasing Products by way of distance selling, the Customer is entitled to dissolve the Agreement without stating reasons within 14 (fourteen) workdays after the purchase of the Product. This reflection period starts at the day after the Customer, or after a representative that the Customer appointed and informed Appelsap about, receives the Product.

– During this reflection period, the Customer will handle the Product and its package with care. The Customer only unwraps or uses the Product to the extent as necessary to assess if the Customer wants to keep the Product.

– If the Customer executes his right of withdrawal, the Customer returns the Product to Appelsap with all delivered accessories and – if possible in all fairness – in the original state and package, in conformity with the fair and clear instructions Appelsap provided.

– If the Customer executes his right of withdrawal, the only costs the Customer will incur are the cost to return the Product.

– If the Customer has paid an amount, Appelsap refunds this amount as soon as possible, however ultimately within 30 days after the return or revocation of the Product.

– An exclusion of the said right of withdrawal will be possible for Products that: a) Appelsap has created in correspondence with the Customer’s specifications; b) are clearly personal; c) cannot be returned due to their nature.

 

Article 6. Prices

– The total amount that is stated at the shopping cart, on the offer or on the invoice, is final and includes the prices of the ordered Product(s), their process, packaging and their transport.

– All prices and transport costs for consumer sales are stated in Euros, including VAT. Deviant stipulations with regard to VAT can be applicable to non-consumer sales.

– Appelsap only sends a separate invoice to an address the Customer has indicated at the explicit request of the Customer.

– No tax refunds take place.

 

Article 7. Delivery

– Appelsap will make every effort to, as soon as the Order is accepted and a confirmation of the payment has been received, deliver the Order to the address that the Customer has indicated.

– An external party delivers the ordered Product(s). If it concerns an order outside the EU, the Customer is responsible for the import levies in his country.

– The Customer shall bear all costs regarding the delivery of the Product(s).

– The Dutch government charges the shipping costs within Europe with the applicable VAT tariff.

– If the Customer rejects to receive the Product(s) or remains in default to provide instructions or information regarding the delivery of Product(s), the Customer shall bear the possible extra costs for a new delivery or storing of the Product(s).

– Every delivery date that Appelsap possibly mentions is just indicative and without any obligations. Depending on the country, the delivery time could vary from four (4) to thirty (30) workdays.

 

Article 8. Guarantee

 – Appelsap guarantees that the ordered Product(s) comply with the usual quality and expectations, and that it will make every effort to make sure that the Product(s) will be handled with the utmost care in order to assure that the Product(s) comply with the description as communicated on the Website at the time the Order was placed.

– Appelsap does not guarantee Product(s) of which it is clear that a) the defect has been caused by inexpedient or incorrect use; b) when the Customer or third parties have applied changes to the Product(s), or tried to apply changes to the Product(s), without informing Appelsap or without a written confirmation from Appelsap; c) if the Product(s) are used for goals for which the Product(s) are not intended.

– Appelsap accepts no liability for the possibilities to use or apply the Product(s).

 

Article 9. Receipt

– As soon as the ordered Product(s) are delivered, or at least within the shortest term possible, the Customer is obliged to check the conformity of the Product(s). The Customer is obliged to check both the quality as the quantity of the delivered Product(s) with the Order, or at least comply with the requirements that are reasonable applicable in the common practice.

– Possible visible deviations and/or defects have to be reported to Appelsap within 48 hours by way of email. This report is to contain a clear description of the deviation and/or defect, as well as the number of the packing note or invoice.

– If the Customer is willing to return aforementioned Product(s), the Customer has to contact Appelsap. The Product(s) can only be returned at the Customer’s own expense, and only if Appelsap has agreed with this return beforehand.

– An exclusion of the said right of withdrawal will be possible for Products that: a) Appelsap has created in correspondence with the Customer’s specifications; b) are clearly personal; c) cannot be returned due to their nature.

 

Article 10. Transfer of risk

– The risk of lost or damaged Product(s) that are subject to the Agreement will be transferred to the Customer at the moment the Product(s) are delivered or could be deemed delivered to the Customer, and with that are under the power of the Customer or a third party the Customer appoints.

 

Article 11. Payment

 – Payment to Appelsap is to take place before delivery, unless agreed upon otherwise.

– The process and shipment of the ordered Product(s) takes place after the bank has confirmed the payment.

– The following information is needed: address, postal code, phone number, e-mail, payment data and shipment address if it deviates from the address stated first.

– Then you will receive an automatically generated email with a number to contain your order.

– No information will be provided to third parties in correspondence with the Dutch Data Protection Act (Wet Bescherming Persoonsgegevens); an exception to this applies to information necessary to execute an Order and the provision of this information to third parties that are involved in the execution of the Order.

 

Article 12. Right of retention and retention of title 

– In case of non-payment or no timely payment, Appelsap appeals to its right of retention. Appelsap preserves its retention of title as long as no payment of the delivered Product(s) has taken place.

 

Article 13. Intellectual property

 – Appelsap shall be entitled to and preserves all its rights and title with regard to the intellectual property in conjunction with the Product(s).

– The design of the Website, photos, drawings, sketches, films, software and all the other material, under which (electronic) files, remain the (intellectual) property of Appelsap. This also applies to materials, of whatever nature, that the Customer or third parties are provided with, unless explicitly agreed upon otherwise in writing.

– Should the Customer use the Product(s) and/or the said materials, this use is only preserved to the Customer and the Customer will not reproduce, multiply, publish, distribute or send these Product(s) and/or materials to third parties without prior written consent of Appelsap.

 

Article 14. Liability

 – If the Product(s) that Appelsap delivers are not in a good state, the liability of Appelsap towards the Customer is at all times limited to the provisions set forth in Article 7.

– If the manufacturer of the delivered Product(s) is responsible for consequential loss, the liability of Appelsap is solely limited to replacing this (or these) Product(s), and/or to refund the purchase price.

– The Customer himelf is responsible for choosing the Product(s). Appelsap shall not be not liable if the damage is caused by intent, gross negligence and/or culpable use by or on behalf of the Customer.

– Appelsap shall not be not liable for a wrong and/or delayed process of order data of Product(s) and notifications to the Customer, as a consequence of using the internet or any other means of communication between the Customer and Appelsap, and the possible damage originating from it.

 

Article 15. Force majeure

– Appelsap, nor the Customer, is kept to observe with any commitment if Appelsap or the Customer is obstructed to do so as a result of circumstances that are not caused by intent, and nor by law, a legal act or generally accepted practice.

– In these General Terms and Conditions, force majeure means – besides which is included according to law and case law – all external causes, anticipated or not anticipated, that Appelsap has no influence on but that does impede Appelsap to observe with its commitments.

– Appelsap also preserves its right to appeal to force majeure if the aforementioned circumstances take effect after Appelsap should have observed with its commitments.

– If Appelsap, in case of force majeure, has the possibility to deliver another Product, the Customer could return the Product and wait for another Product. The Customer shall bear the shipment costs.

 

Article 16. Indemnity

–  The Customer indemnifies Appelsap against any claim from third parties if such claims relate to industrial and intellectual property rights regarding materials or data the Customer provided and which are used to perform the Order.

–  The Customer also guarantees that possible data carriers, electronic files, software, etc. that the Customer provides Appelsap with do not contain viruses, malware, Trojan Horses and defects.

 

Article 17. Complaints

– Complaints, of whatever nature, have to be sent in writing as soon as possible, to the address of Appelsap, set forth in Article 2.

 

Article 18. Applicable law and disputes

– All Offers, Orders, Agreements and any disputes connected with or arising therefrom shall be exclusively governed by and construed in accordance with Dutch law.

- The applicability of the Vienna Sales Convention has been excluded by Parties.

- All disputes arising from or relating to Offers, Orders and/or Agreements shall be exclusively referred to the competent court in Amsterdam.

- In case of translated versions of these General Terms and Conditions, the original Dutch text of these General Terms and Conditions will prevail.