Greek Food Tales LP
Article 1 – Definitions
In these conditions the following terms have the following meanings:
1. Entrepreneur: the natural or legal person who offers products &/or services to consumers from a distance;
2. Consumer: the natural person who does not act in the exercise of a profession or business & who enters into a distance contract with the entrepreneur;
3. Distance Communication Technology: means that can be used to conclude an agreement, without the consumer & entrepreneur being physically in close proximity, such as (but not limited to) by e-mail, telephone & internet;
4. Distance Contract: an agreement whereby, in the context of a system organized by the seller or service provider (entrepreneur) for the sale or service provision of products &/or services at a distance, up to & including the conclusion of the agreement, only one or more remote communication techniques;
5. Right of Withdrawal: the option for the consumer to cancel the distance contract within the reflection period;
6. Model Withdrawal Form: the European model withdrawal form included in “Appendix I” of these “General Terms & Conditions”;
7. Reflection Period: the period within which the consumer can make use of his right of withdrawal;
8. Day: calendar day;
9. Transaction Duration: a distance contract with regard to a number of products &/or services, of which the delivery &/or purchase obligation is spread over a longer period;
10. Durable Medium: any means that enables the consumer or entrepreneur to store information that is addressed to him/her personally in a way that enables future consultation & unaltered reproduction of the stored information.
Article 2 – Identity of the Entrepreneur
Name Entrepreneur: Greek Food Tales LP (greek foodtales)
Business Address: Gessel 14, 3454MZ, De Meern, the Netherlands
Phone Number: +31 6 12 40 17 64
E-mail Address: [email protected]
VAT Identification Number: NL855489832B01
Chamber of Commerce Number: 64018407
Article 3 – Applicability
1. These “General Terms & Conditions” apply to every offer from the entrepreneur & to every distance contract concluded between entrepreneur & consumer.
2. Before the distance contract is concluded, the text of these “General Terms & 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 & Conditions” can be viewed at the entrepreneur & they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph & before the distance contract is concluded, the text of these “General Terms & Conditions” can be made available to the consumer electronically in such a way that they can be easily stored 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 & Conditions” can be inspected electronically & that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these “General Terms & Conditions”, the 2nd & 3rd paragraphs apply mutatis mutandis & in the event of conflicting “General Terms & Conditions”, the consumer can always invoke the applicable provision that is most favourable to him/her.
Article 4 – The Offer
1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete & accurate description of the products &/or services offered. The description is 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 &/or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights & obligations are linked to the acceptance of the offer.
4. If applicable, the “best before”/”expiration” date of the product is stated in the offer. When purchasing, the consumer accepts the stated “best before”/”expiration” date.
Article 5 – The Contract
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer & compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical & organizational measures to secure the electronic transfer of data & he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts & 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, stating reasons, or to attach special conditions to the implementation.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under which & the way in which the consumer can make use of the “Right of Withdrawal”, or a clear statement regarding the exclusion of the “Right of Withdrawal”;
c. information about guarantees & existing service after purchase;
d. the information included in article 4 paragraph 3 of these “General Terms & Conditions”, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of Withdrawal
When Delivering Products:
1. When purchasing products, the consumer has the option to dissolve the agreement within 14 days. The consumer reports this to the entrepreneur by means of the model withdrawal form (Appendix I) or in another unambiguous manner. The reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer & announced to the entrepreneur.
2. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him/her to state his/her reason(s).
3. The risk & the burden of proof for the correct & timely exercise of the “Right of withdrawal” lies with the consumer.
4. During the reflection period, the consumer will handle the product & packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. The basic principle here is that the consumer may only handle & inspect the product as he would be allowed to do in a store.
5. If the consumer makes use of his “Right of Withdrawal”, he will return the product with all accessories supplied & – if reasonably possible – in the original condition & packaging to the entrepreneur, in accordance with the reasonable & clear instructions provided by the entrepreneur.
6. Upon termination of the agreement, the consumer is obliged to return the products concerned within 14 days. This period starts on the day that the consumer makes it known that he/she wishes to make use of his/her “Right of Withdrawal” using the method indicated by the entrepreneur.
When Providing Services:
7. When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
8. In order to make use of his “Right of Withdrawal”, the consumer will focus on the reasonable & clear instructions provided by the entrepreneur with the offer &/or at the latest on delivery.
Article 7 – Costs in Case of Withdrawal
1. If the consumer makes use of his “Right of Withdrawal”, the costs of return are for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the 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 submitted.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement unless the consumer agrees to a different method.
4. The invoice of the original order will be recalculated on the basis of the returned products. If, after recalculation, there is no longer any right to free shipping due to the amount of the invoice, the shipping costs will then be charged.
Article 8 – Exclusion of Right of Withdrawal
1. The entrepreneur can exclude the consumer’s “Right of Withdrawal” insofar as provided for in paragraphs 2, 3 & 4. The exclusion of the “Right of Withdrawal” only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement, for example in the “General Terms & Conditions”.
2. Exclusion of the “Right of Withdrawal” is possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that can not be returned due to their nature;
d. that can spoil &/or age quickly &/or have a limited shelf life;
e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers & magazines;
g. for audio & video recordings & computer software of which the consumer has broken the seal;
h. for products that are not suitable to be returned for reasons of health protection or hygiene & of which the seal has been broken.
3. Exclusion of the “Right of Withdrawal is possible for services:
a. regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c. concerning bets & lotteries.
4. With regards to the following products, the consumer can under no circumstances make use of his “Right of Withdrawal”:
a. refrigerated products;
b. frozen products;
c. products of which the seal has been broken;
d. products that have been opened &/or damaged &/or used.
Article 9 – The Price
1. During the period of validity stated in the offer, the prices of the products &/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. The price displayed at the time of purchase is the price the consumer pays for the product.
3. Contrary to the 1st paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market & over which the entrepreneur has no influence, at variable prices. This link to fluctuations & the fact that any stated prices are target prices are stated in the offer.
4. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
5. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this &:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
6. The prices stated in the offer of products or services include VAT.
Article 10 – Conformity & Warranty
1. The entrepreneur guarantees that the products &/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability &/or usability & the legal requirements existing on the date of the conclusion of the agreement, provisions &/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights & claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Article 11 – Delivery & Execution
1. The entrepreneur will take the greatest possible care when receiving & executing orders for products & when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company/entrepreneur. Stating an incorrect &/or incomplete address is at the expense & risk of the consumer.
3. The consumer can change his delivery address up to 7.30am on the day of shipment of the package. Additional costs of the (parcel) delivery service or of the entrepreneur can be charged if the shipment or delivery needs to be changed. The consumer must submit the change request by e-mail to the Customer Service of the entrepreneur.
4. With due observance of what is stated in article 4 of these “General Terms & Conditions”, the company will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs & is entitled to any compensation.
5. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement article. At the latest upon delivery, it will be stated in a clear & comprehensible manner that a replacement item is being delivered. For replacement items “Right of Withdrawal” can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
7. The risk of damage &/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance & announced to the entrepreneur unless explicitly agreed/stated otherwise.
8. If a package is damaged or missing due to acts &/or omissions of the (parcel) delivery service, the entrepreneur will record this with the relevant (parcel) delivery service. If the (package) delivery service provides compensation for the damaged &/or missing package, the entrepreneur will reimburse the consumer with the amount of the order value. If the (parcel) delivery service does not pay a fee, the entrepreneur will provide the consumer with a discount coupon equal to the value of the order, valid for a period of 3 months, as compensation.
9. If, as a result of problems or delays at the (parcel) delivery service, the consumer receives refrigerated &/or frozen products that can no longer be consumed, the following applies. If the delivery of refrigerated products takes more than 2 days &/or frozen products takes more than 1 day (the day of shipment is day 0), the entrepreneur will issue a discount coupon to the consumer equal to the value of the ordered refrigerated &/or frozen products, valid for a period of 3 months.
10. If the consumer receives refrigerated &/or frozen products that can no longer be consumed as a result of the consumer’s negligence &/or actions, the entrepreneur is not liable & will not give any compensation.
11. If the entrepreneur has delivered incorrect product(s) to the consumer or product(s) is (are) missing, the consumer must contact the entrepreneur’s Customer Service by e-mail, stating the order number, SKU/name of the incorrect/missing product(s). The amount of the incorrect/missing product(s) will be refunded to the consumer.
12. If the consumer has received broken or spoiled product(s), he must contact the Customer Service of the entrepreneur by e-mail, stating the order number, SKU/name of the broken &/or damaged product(s). The consumer must also send photos of the broken &/or damaged product(s) to the entrepreneur. The entrepreneur will assess the situation. Depending on his assessment, the entrepreneur will not provide compensation, compensation in the form of money or in the form of a discount coupon.
Article 12 – Duration Transactions: Duration, Termination & Extension
1. The consumer can terminate an agreement that has been entered into for an indefinite period & which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules & a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period & that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules & a notice period of no more than one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs:
a. terminate at any time & not be limited to cancellation at a specific time or in a specific period;
b. at least terminate in the same way as they are entered into by him;
c. always terminate with the same notice period as the entrepreneur has stipulated for himself.
4. An agreement that has been entered into for a definite period & that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified period.
5. Contrary to the previous paragraph, a contract that has been entered into for a definite period & that extends to the regular delivery of daily news & weekly newspapers & magazines may be tacitly renewed for a specified period of a maximum of three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period & that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month & a notice period of a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news & weekly newspapers & magazines.
7. An agreement with a limited duration for the regular delivery of daily, news & weekly newspapers & magazines (trial or introductory subscription) is not tacitly continued & ends automatically after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness & fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. When selling products to consumers, a prepayment of more than 50% may never be stipulated in “General Terms & Conditions”. If prepayment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service(s) before the stipulated prepayment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In the event of non-payment of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
1. The entrepreneur has a well-publicized complaints procedure & handles the complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, fully & clearly described after the consumer has discovered the defects.
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 reply within 14 days with a confirmation of receipt & an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 15 – Disputes Procedure
1. Contracts between the entrepreneur & the consumer to which these “General Terms & Conditions” apply are exclusively governed by Dutch law.
2. In case of disputes, the consumer can turn to the entrepreneur. If a solution is not yet reached, the consumer has the option to have his complaint handled by a Disputes Committee, the decision of which is binding & both entrepreneur & consumer agree with this binding decision.
3. If the consumer wishes to have his complaint handled by a Disputes Committee, he can turn to the European platform for online dispute resolution (ODR platform). The consumer can use this platform, among other things, to reach an agreement with the entrepreneur about a dispute resolution body that can handle the case.
Article 16 – Sale of Alcoholic Drinks
Consumers ordering alcoholic drinks must be at least 18 years old.
Article 17 – Returns
Returning delivered products to the entrepreneur is not possible. Subject to the invocation of the “Right of Withdrawal” as referred to in articles 6 to 8 of these “General Terms & Conditions”.
Article 18 – Cancel Order or Remove/Change Product(s) from Order
1. The consumer can cancel his order free of charge within 1 hour from the moment he placed the order. The additional fee charged because of the payment option will not be returned. The consumer must notify the entrepreneur’s Customer Service of the cancellation by e-mail.
2.After completing the order, the consumer can still remove/change products from his order until 7.30am on the day of shipment for a fee of 5€. The consumer must make this known by e-mail to the Customer Service of the entrepreneur. If, after recalculation of the invoice, there is no longer any right to free shipping due to the amount of the invoice, the shipping costs will be charged.
Article 19 – Language
1. The “General Terms & Conditions” are made available in the Dutch & English language.
2. The language in which the agreement is concluded is the Dutch &/or English language.
Article 20 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these “General Terms & Conditions” may not be to the detriment of the consumer & 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 medium.
Appendix I: Model Withdrawal Form
(only complete & return this form if you wish to invoke the right of withdrawal)
– To: [ name of entrepreneur ]
[ geographic address of the entrepreneur ]
[ e-mail address of the entrepreneur ]
– I/We* hereby inform you that I/we* revoke our agreement concerning
the sale of the following products: [ product description ]*
the supply of the following digital content: [ indication digital content ]*
the performance of the following service: [ service indication ]*
– Ordered on*/received on* [ date of order for services or receipt for products ]
– [ Name of consumer(s) ]
– [ Address of consumer(s) ]
– [ Signature of consumer(s) ] (only if this form is submitted on paper)
*Delete what does not apply or fill in what applies.
Last Updated: 01/04/21