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General Terms & Conditions

 INDEX

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 reflection period

ARTICLE 8 - Exercise of the right of withdrawal by the consumer

ARTICLE 9 - Entrepreneur's obligations in case of withdrawal

ARTICLE 10 - Exclusion of right of withdrawal

ARTICLE 11 - Prices

ARTICLE 12 - Compliance and warranty

ARTICLE 13 - Delivery and implementation

ARTICLE 14 - Payment

ARTICLE 15 - Complaints procedure

ARTICLE 16 - Disputes

ARTICLE 17 - Additional or different terms

 

ARTICLE 1 - Definitions

In these conditions the following terms have the following meanings:

  1. 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 a agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data that is produced and supplied in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable 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 future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
  8. Extra guarantee: every obligation 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 do in case he has failed to fulfill his part of the agreement. .
  9. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  10. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance;
  11. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
  12. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;
  13. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

 ARTICLE 2 - Identity of the entrepreneur

Sherine Laghmiri, trading under the name Apples and Bananas L.L.C-FZ 

License No. 2314437.01 Formation No. 2314437 Contact Form  

ARTICLE 3 – Applicability

3.1 These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.

3.2 Before the distance contract is concluded, the text of these general terms and conditions will be 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 at the request of the consumer.

3.3 If the distance contract is concluded electronically, in derogation 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 the consumer can be easily stored 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 consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

3.4 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. is.

3.5 If one or more provisions of these conditions prove to be invalid, this does not affect the validity of the entire agreement and / or general conditions. The entrepreneur will replace (a) new provision (s) with which the intention of the original general terms and conditions is embodied as much as possible by law.

 

ARTICLE 4 - The offer

4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

4.2 The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products, services and / or digital content.

4.3 Obvious mistakes or obvious errors in the offer do not bind the entrepreneur and can not be a reason for compensation or dissolution of the agreement.

4.4 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 information about:

the price including all taxes of the product;

  1. the possible shipping costs;
  2. the way in which the agreement is concluded and what actions are required for this;
  3. whether the consumer has a right of withdrawal with regard to his order;
  4. the method of payment, delivery and implementation of the agreement;
  5. the period in which the offer can be accepted or the period in which the entrepreneur can guarantee the price;
  6. whether the contract is saved after it has been concluded and, if so, how it can be consulted by the consumer;
  7. the way in which the consumer, prior to the conclusion of the agreement, can check the information he has provided and can restore it if necessary;
  8. the rules of conduct to which the entrepreneur is subject and the way in which the consumer can consult these rules of conduct electronically;
  9. the minimum duration of the distance contract in the case of a continuing performance contract.

 

ARTICLE 5 - The agreement

5.1 The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.

5.2 If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

5.4 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, stating reasons, or to attach special conditions to the execution.

5.5 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 by appointment with complaints;
  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. information about guarantees and existing after-sales service;
  4. the price including all taxes of the product; where applicable the shipping costs; the method of payment, delivery or implementation of the distance contract;
  5. the requirements for terminating 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 withdrawal form.

5.6 In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

 

 

 

ARTICLE 6 - Right of withdrawal

6.1 The consumer can terminate an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).

6.2 The reflection period referred to in Article 6.1 commences 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, has received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for 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, has received the last shipment or the last part;
  3. for contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

6.3 If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

6.4 If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

 

ARTICLE 7 - Obligations of the consumer during the reflection period

7.1 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 determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he should in a shop.

7.2 The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in article 7.1.

7.3 The consumer is not liable for any diminished value 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 and costs thereof

 

8.1 If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

8.2 As soon as possible, but within 7 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

8.3 The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

8.5 The consumer bears the direct costs of the

if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.

8.6 If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law.

 

ARTICLE 9 - Obligations of the entrepreneur in case of withdrawal

9.1 If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.

9.2 The entrepreneur reimburses all payments from 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 reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.

9.3 The entrepreneur uses the same payment method that the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

9.4 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 has the right to exclude the following products 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:

  1. Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. 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;
  3. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.

 

ARTICLE 11 – Prices

11.1 During the period of validity stated in the offer, the prices of the offered products and / or services not increased, subject to price changes such as  due to changes in VAT rates.

11.2 Contrary to the previous paragraph, the entrepreneur can provide products or services of which the prices are subject to fluctuations in the financial market and where the entrepreneur has no influence on, offering variable prices. This one subject to fluctuations and the fact that prices may be stated target prices are stated in the offer.

11.3 Price increases within 3 (three) months after the conclusion of the       agreement are only allowed if they are the result of legal arrangements or provisions.

11.4 Price increases from 3 (three) 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 is authorized to terminate the agreement with effect from the day on which the price increase takes effect.

11.5 The prices stated in the offer of products include VAT.

 

ARTICLE 12 - Compliance and warranty

12.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of soundness and / or usability and on the date of the establishment 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.

12.2 An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement. .

12.3 The entrepreneur is not responsible for the ultimate suitability of the product for each individual application by the consumer, nor for any advice regarding the use or application of the products.

 

ARTICLE 13 - Delivery and implementation

13.1 The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

13.2 The place of delivery is the address that the consumer has made known to the entrepreneur.

13.3 With due observance of what is stated in article 5 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days, unless a different delivery term has been agreed. If 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 contract without costs and the right to any compensation.

13.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

13.5 The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a per-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.

 

ARTICLE 14 – Payment

14.1 Unless otherwise provided 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 as stated in Article 6, paragraph 1, or with the absence of a reflection period within 14 days after the conclusion of the agreement.

14.2 The consumer has the obligation to make inaccuracies in the information provided or stated report payment details to the entrepreneur without delay.

14.3 If the consumer does not meet his payment obligation (s) in time, after he has been pointed out by the entrepreneur about the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the absence of payment within this 14-day period, the statutory interest is due on the amount still owed 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% on the next € 2,500 and 5% on 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 15 - Complaints procedure

15.1 The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

15.2 Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a period of 7 days 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 reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

15.4 The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement.

15.5 A complaint does not suspend the entrepreneur from his obligations under the agreement, unless the entrepreneur has indicated otherwise in writing.

15.6 If the complaint is declared justified by the entrepreneur, he will replace or repair the product.

 

Article 16 – Disputes

17.1 Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply.

17.2 The Vienna Sales Convention does not apply.

 

ARTICLE 17 – Additional or different terms

Additional or deviating provisions 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 medium.

 

 

Apples and Bananas – 2023