Terms and Conditions

General Terms and Conditions AgriVos

Table of 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 reflection 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 Warranty
Article 13 – Delivery and implementation
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Liability
Article 19 – Additional or different stipulations
Article 20 – Webshop Reviews

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 an 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 in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
4. Day: calendar day.
5. Digital content: data that is produced and supplied in digital form.
6. Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time.
7. Durable data carrier: any means – 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 and unaltered reproduction of the stored information.
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely.
10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication.
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions.
12. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur coming together in the same room at the same time.

Article 2 – Identity of the entrepreneur

AgriVos
Theo van Doesburgstraat 47
9204 KX Drachten
The Netherland
Email adress: info@agrivos.nl

Chamber of Commerce number: 74672185
VAT identification number: NL002317759B92

Article 3 – Applicability

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

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. 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 proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All descriptions and images are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors and no rights can be derived from them.
3. 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:

• the price including taxes;
• any shipping costs;
• the way in which the agreement will be concluded and which actions are required for this;
• whether or not to apply the right of withdrawal;
• the method of payment, delivery or implementation of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
• if the contract is filed after conclusion, how it can be consulted by the consumer;
• the way in which the consumer can obtain information about actions he does not want before concluding the contract, as well as how he can rectify these before the contract is concluded;
• any languages ​​in which, in addition to Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
• the minimum duration of the distance contract in the event of an agreement that extends to the continuous or periodic delivery of products or services.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
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.
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.
4. The entrepreneur can – within legal frameworks – inform 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, based on 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. 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:
   a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   b. 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;
   c. information about guarantees and existing after-sales service;
   d. the price including all taxes on the product, service or digital content; insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract;
   e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
   f. if the consumer has a right of withdrawal, the model withdrawal form.
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

On delivery of products:

1. The consumer can terminate an agreement with regard to the purchase of a product during a reflection period of at least 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).
2. The reflection period referred to in paragraph 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:
   a. 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.
   b. 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;
   c. 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.

For services and digital content that is not supplied on a tangible medium:

1. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 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).
2. The reflection period referred to in paragraph 1 commences on the day following the conclusion of the agreement.

The right of withdrawal does not apply to business customers. When there is a business order, returns can only be made in consultation. Any administration and restock costs will be charged when you, as a business customer, return your order.

Article 7 – Obligations of the consumer during the reflection period

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 assess whether he wishes to keep the product. The starting point is that the consumer may only handle and inspect the product as he should in a store.
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 paragraph 1.
3. 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

1. If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. The consumer will return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
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.
4. If the product is damaged due to careless handling by the consumer, the consumer is liable for any diminished value of the product.
5. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
6. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
   a. prior to delivery, he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period;
   b. he has not acknowledged that he loses his right of withdrawal when giving his consent; or
   c. the entrepreneur has failed to confirm this statement from the consumer.
7. 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

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

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. 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.
2. Exclusion of the right of withdrawal is only possible for products:
   a. that have been specially ordered by the entrepreneur and / or have been established in accordance with the specifications of the consumers;
   b. which are clearly personal in nature;
   c. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   d. which by their nature cannot be returned;
   e. that spoil quickly or have a limited shelf life;
   f. for hygienic products of which the consumer has broken the seal;
   g. for audio and video recordings and computer software of which the consumer has broken the seal.
   h. electronics and electronic components;
   i. products that require special transport and are sent as a pallet.
3. Exclusion of the right of withdrawal is only possible for services:
   a. regarding repairs and maintenance on behalf of the consumer;
   b. the delivery of which commenced with the express consent of the consumer before the reflection period has expired.

Article 11 – The price

1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. 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 link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   a. they are the result of statutory regulations or provisions; or
   b. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services are exclusive of VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 12 – Compliance and Warranty

1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
2. A guarantee provided by the entrepreneur, his supplier, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
4. The warranty does not apply if:

• The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties.
• The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or are in conflict with the instructions of the entrepreneur and / or have been treated on the packaging.
• The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 13 – Delivery and implementation

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.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. 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 the consumer has agreed to a longer delivery period. 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 at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and 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 and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension

Cancellation:

1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can the agreements mentioned in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a specific time or in a specific period;
• at least cancel in the same way as they have been entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

1. A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may not be automatically extended or renewed for a fixed period.

Duration:

1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of up to one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 16 – Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time 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 the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
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 resolution.

Article 17 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

Article 18 – Liability

1. The entrepreneur is never liable for direct or indirect damage, consequential loss or damage due to lost profit, including delay in the delivery of goods and / or caused by defects in the goods delivered by the entrepreneur.
2. The entrepreneur will never be obliged to pay any compensation for damage of whatever nature and for whatever cause, higher than the total invoice amount for the goods delivered between the entrepreneur and the consumer.
3. The consumer expressly indemnifies the entrepreneur against all claims from third parties, including the consumer’s staff, for compensation for all damage in whatever form suffered by these third parties.
4. Complaints never give the consumer the right to suspend fulfillment of his obligations or to apply compensation.

Article 19 – Additional or different stipulations

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.

Article 20 – Webshop Reviews

In order to make it easier to make a purchase decision and to display as many experiences as possible from other customers, we have the option to leave reviews on the products in the AgriVos webshop.

The mention “verified owner” in a review indicates that the review was made after an actual purchase by the customer. Only for this check is the e-mail address a mandatory part when leaving a review so that the product review can be automatically verified with the ordered products. In this way you can leave your review not only as a logged in customer, but also as a guest. Without this verification, the review will not be posted.

By leaving a review you grant AgriVos an uninterrupted, irrevocable, transferable right and license to use this content for the purpose of publishing and translating. All reviews are normally published within two to three business days. AgriVos reserves the right to remove contributions at any time without stating reasons. This applies in particular in the case of clearly irrelevant contributions (e.g. spam or fake reviews) and/or in the case of infringement of third-party rights (e.g. copyright and/or personal rights).

Appendix I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you want to withdraw from the contract)

• To:          AgriVos
  Theo van Doesburgstraat 47
  9204 KX  Drachten
  The Netherlands
  e-mailadres: info@agrivos.nl

• I / We * share / share * hereby that I / we * our agreement regarding

the sale of the following products: [designation product] *

the delivery of the following digital content: [digital content description] *

the provision of the following service: [designation of service] *,

revoke / revocations *

• Ordered on * / received on * [order date with services or receipt with products]

• [Consumer (s) name]

• [Consumer (s) address]

• [Consumer (s) signature] (only if this form is submitted on paper)

Cross out what does not apply or fill in what applies.