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GENERAL TERMS AND CONDITIONS

Definitions

  • Rachel's Hot Honey: Rachel's Hot Honey is a registered brand of Fold & Squeeze B.V., established in Emmeloord, Netherlands, Chamber of Commerce no. 83127143.

  • Customer: The party which Rachel's Hot Honey has agreed with.

  • Parties: Rachel's Hot Honey and the customer together.

  • Consumer: A customer who is an individual acting for private purposes.

 

Applicability

  • These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Rachel's Hot Honey.

  • Parties can only deviate from these conditions if they have explicitly agreed upon writing.

  • The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or third parties.

 

Offer and Quotations

  • Offers and quotations from Rachel's Hot Honey are without engagement unless expressly stated otherwise.

  • An offer or quotation is valid for a maximum period of 1 week from its date unless another acceptance period is stated in the offer or quotation.

  • If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.

  • Offers and quotations do not apply to repeated orders unless the parties have agreed upon this explicitly and in writing.

 

Acceptance

  • Upon acceptance of a quotation or offer without engagement, Rachel's Hot Honey reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.

  • Verbal acceptance of the customer only commits Rachel's Hot Honey after the customer has confirmed this in writing (or electronically)

 

Prices

  • All prices used by Rachel's Hot Honey are in Euros, are exclusive of VAT, and are exclusive of any other costs such as administration costs, levies, and travel-shipping or transport expenses unless expressly stated otherwise or agreed otherwise.

  • Rachel's Hot Honey is entitled to adjust all prices for its products or services, shown in its shop, on its website, or otherwise, at any time.

  • Increases in the cost prices of products or parts thereof, which Rachel's Hot Honey could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.

  • The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

 

Samples / Labels

  • If the customer has received a product or label sample of a product, she/he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conforms to the sample.

  • The customer cannot share the product or label sample she/he received with third parties on any social media platform or the internet without Rachel's Hot Honey's written consent. In case of unauthorized sharing, the customer agrees to pay Rachel's Hot Honey royalties in proportion to both the per share and the number of clicks it receives due to those shares.

Payments and Payment Term

  • Unless otherwise agreed in writing, all payments must be made before product delivery.

  • In case of a term sales agreement, Rachel's Hot Honey may request that the invoice amount be paid to the factoring company of its choice.

 

Consequences of Late Payment

  • If the customer does not pay within the agreed term, Rachel's Hot Honey is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.

  • When the customer is in default, she/he is also due to extrajudicial collection costs and may obliged to pay any compensation to Rachel's Hot Honey.

  • The collection costs are calculated based on the Reimbursement for extrajudicial collection costs.

  • If the customer does not pay on time, Rachel's Hot Honey may suspend its obligations until the customer has met her/his payment obligation.

  • In the event of liquidation, bankruptcy, attachment, or suspension of payments on behalf of the customer, the claims of Rachel's Hot Honey on the customer are immediately due and payable.

  • If the customer refuses to cooperate with the performance of the agreement by Rachel's Hot Honey she/he is still obliged to pay the agreed price to Rachel's Hot Honey.

Right of Recovery of Goods

  • As soon as the customer is in default, Rachel's Hot Honey is entitled to invoke the right of recovery for the unpaid products delivered to the customer.

  • Rachel's Hot Honey invokes the right of recovery using a written or electronic announcement.

  • As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Rachel's Hot Honey, unless the parties agree to make other arrangements about this.

  • The costs for the collection or return of the products are at the expense of the customer.

 

Right of Withdrawal / Refund

  1. A customer or consumer may cancel or refund an online purchase during a cooling-off period of 14 days without giving any reason, provided that: the products have not been opened

  • The product has not been consumed

  • The product has not been crystallized (Crystallisation of honey is a natural process. It cannot be considered as deterioration or bad quality and cannot be a reason for refund or withdrawal).

  • The product is not specially produced for the consumer/customer or adapted to its special needs

  • The shipping/transportation fee is not paid by Rachel's Hot Honey

  • The product or products were not purchased during the discount period

2.   The cooling-off period of 14 days as referred to in paragraph 1 commences :

  • On the day after the consumer has received the last product or part of 1 order

  • As soon as the consumer/customer has received the first profit of a subscription

  • As soon as the consumer/customer has purchased a service for the first time

  • As soon as the consumer has confirmed the purchase of digital content via the internet

 

3.   The consumer can notify his right of withdrawal via info@rachelshothoney.com

 

4.   The consumer is obliged to return the product to Rachel's Hot Honey within 14 days after the notification of her/his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of Delivery Costs

  • If the purchase cost and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Rachel's Hot Honey will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the products to Rachel's Hot Honey in time.

  • The costs for return are only reimbursed by Rachel's Hot Honey if the complete order is returned.

 

Reimbursement of Return Costs

  • If the consumer invokes her/his right of withdrawal and returns the entire order on time, the cost of returning the complete order will be borne by the consumer.

 

Suspension of Obligations by The Customer

  • The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Right of Retention

  • Rachel's Hot Honey can appeal to her/his right to retention of the title and in that case retain the products sold by Rachel's Hot Honey to the customer until the customer has paid all outstanding invoices about Rachel's Hot Honey, unless the customer has provided sufficient security for these payments.

  • The right of retention of title also applies based on previous agreements from which the customer still owes payments to Rachel's Hot Honey.

  • Rachel's Hot Honey is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 

Settlement

  • The customer waives his right to settle any debt to Rachel's Hot Honey with any claim on Rachel's Hot Honey.

 

Retention of title

  • Rachel's Hot Honey remains the owner of all delivered products until the customer has fully complied with all its payment obligations about Rachel's Hot Honey under whatever agreement with Rachel's Hot Honey including claims regarding the shortcomings in the performance.

  • Until then, Rachel's Hot Honey can invoke its retention of title and take back the goods.

  • Before the property is transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.

  • If Rachel's Hot Honey invokes its retention of title, the agreement will be dissolved and Rachel's Hot Honey has the right to claim compensation, lost profits, and interest.

 

Delivery

  • Delivery takes place while stocks last.

  • Delivery takes place at Rachel's Hot Honey unless the parties have agreed otherwise.

  • Delivery of products ordered online takes place at the address indicated by the customer.

  • If the agreed price is not paid on time, Rachel's Hot Honey has the right to suspend its obligations until the agreed price is fully paid.

  • In the event of late payments, the customer is automatically in default, and hereby she/he cannot object to late delivery by Rachel's Hot Honey.

 

Delivery Period

  • Any delivery period specified by Rachel's Hot Honey is indicative and does not give the customer the right to dissolution or compensation if this period is not met unless the parties have expressly agreed otherwise in writing.

  • The delivery period starts after the customer has signed the agreement with Rachel's Hot Honey and is confirmed in writing or electronically by Rachel's Hot Honey to the customer.

  • Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract unless Rachel's Hot Honey cannot deliver for 3 months or if the parties have agreed otherwise.

 

Actual Delivery

  • The customer must ensure that the actual delivery of the products ordered by her/him can take place on time.

 

Transport Costs

  • Transport costs are on behalf of the customer unless the parties have agreed otherwise.

 

Packaging and Shipping

  • If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of this Rachel's Hot Honey may not be held liable for any damage.

  • If the customer herself/himself takes care of the transport of a product, she/he must report any visible damage to products or the packaging before the transport to Rachel's Hot Honey, failing which Rachel's Hot Honey cannot be held liable for any damage.

Insurance / Storage

  • If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer

  • Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

  • To prevent the crystallization in honey, the products should be stored between 22°C - 24°C.

 

Guarantee

  • The warranty relating to products only applies to defects caused by faulty manufacture or material.

  • The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties, will be passed on to the customer when these products are legally and/or factually delivered, at least in the power of the customer or of a third party who receives the product for the benefit of the customer.

 

Exchange

  1. Exchange is only possible if the following conditions are met :

  • Exchange takes place within 14 days after purchase upon presentation of the original invoice

  • The product is returned in the original packaging or with the original (price) tags still attached to it

  • The product has not been consumed, or used.

2.   Discounted items, custom-made items, or specially adapted articles for the customer, and opened products can not be exchanged.

 

Indemnity

  • The customer indemnifies Rachel's Hot Honey against all third-party claims that are related to the products and/or services supplied by Rachel's Hot Honey.

Complaints

  • The customer must examine a product or service provided by Rachel's Hot Honey as soon as possible for possible shortcomings.

  • If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Rachel's Hot Honey of this as soon as possible, but in any case within 3 days after the discovery of the shortcomings.

  • Consumers must inform Rachel's Hot Honey of this within 3 days after detection of the shortcomings.

  • Sundays and public holidays of the relevant country are not counted from these 3 days.

  • The customer gives a detailed description as possible of the shortcomings, so that Rachel's Hot Honey can respond adequately.

  • The customer must demonstrate that the complaint relates to an agreement between the parties.

  • If a complaint relates to ongoing work, this can in any case not lead to Rachel's Hot Honey being forced to perform other work than has been agreed.

 

Giving Notice

  • The customer must provide any notice of default to Rachel's Hot Honey in writing.

  • It is the responsibility of the customer that a notice of default reaches Rachel's Hot Honey (In time)

 

Joint and Several Client Liabilities

  • If Rachel's Hot Honey agrees with several customers, each of them shall be jointly and severally liable for the full amounts due to Rachel's Hot Honey under that agreement.

 

Liability of Rachel's Hot Honey

  • Rachel's Hot Honey is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.

  • If Rachel's Hot Honey is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.

  • Rachel's Hot Honey is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.

  • If Rachel's Hot Honey is liable, its liability is limited to the amount paid by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

  • All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Export Period

  • Every right of the customer to compensation from Rachel's Hot Honey shall, in any case, expire within 1 month after the event from which the liability arises directly or indirectly. This does not exclude the provisions in Article 6:89 of the Dutch Civil Code.

 

Dissolution

  • The customer has the right to dissolve the agreements if Rachel's Hot Honey imputably fails in the fulfillment of her/his obligations, unless this shortcoming does not justify terminations due to its special nature or because it is of minor significance.

  • If the fulfillment of the obligations by Rachel's Hot Honey is not permanent or temporarily impossible, dissolution can only take place after Rachel's Hot Honey is in default.

  • Rachel's Hot Honey has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill her/his obligations under the agreement, or if circumstances give Rachel's Hot Honey good grounds to fear that the customer will not be able to fulfill her/his obligations properly.

Force Majeure

  • In addition to the provisions of Article 6:75 Dutch Civil Code, a shortcoming of Rachel's Hot Honey in the fulfillment of any obligation to the customer cannot be attributed to Rachel's Hot Honey in any situation independent of the will of Rachel's Hot Honey, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Rachel's Hot Honey.

  • The force majeure situation referred to in paragraph 1 is also applicable - but not limited to state of emergency (such as civil war, insurrection, riots, natural disasters, pandemic, etc) defaults and force majeure of suppliers, delivery men, or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

  • If a situation of force majeure arises as a result of which Rachel's Hot Honey cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Rachel's Hot Honey can comply with them.

  • From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

  • Rachel's Hot Honey does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 

Changes in The General Terms and Conditions

  • Rachel's Hot Honey is entitled to amend or supplement these general terms and conditions.

  • Changes of minor importance can be made at any time.

  • Major changes in content will be discussed by Rachel's Hot Honey with the customer in advance as much as possible.

  • Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

Transfer of Rights

  • The customer cannot transfer its rights deferring from an agreement with Rachel's Hot Honey to third parties without the prior written consent of Rachel's Hot Honey.

  • This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 

Consequences of Nullity or Annullability

  • If one or more provisions of these general terms and conditions prove nuts or annulable, this will not affect the other provisions of these terms and conditions.

  • A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Rachel's Hot Honey had in mind when drafting the conditions on that issue.

 

Applicable Law and Competent Court

  • Dutch law is exclusively applicable to all agreements between the parties.

  • The Dutch court in the district where Rachel's Hot Honey is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.

Rachel's Hot Honey™

Fold & Squeeze B.V.

Escudo 1E, 8305 BM

Emmeloord, Netherlands 

KVK: 83127143

+31(0)527 265696

info@rachelshothoney.com

www.rachelshothoney.com

THANK YOU FOR READING

 

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