General Terms and Conditions

General Terms and Conditions Groots.store

Table of contents

1. Definitions
2. Identity of the entrepreneur
3. Applicability
4. The offer
5. The agreement
6. Right of withdrawal
7. Consumer obligations during the cooling-off period
8. Exercise of the right of withdrawal by the consumer and costs thereof
9. Exclusion of the right of withdrawal
10. Prices and payment
11. Conformity, warranties and liability
12. Delivery, execution and transfer of risk
13. Complaints procedure and disputes
14. Force majeure
15. Intellectual property rights
16. Data protection and privacy
17. Additional or deviating provisions
18. Applicable law and competent court

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1. Definitions

• Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers via the online store www .groots .store.
• Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession.
• Distance contract: an agreement between an entrepreneur and a consumer that is concluded within the framework of a distance selling system organized by the entrepreneur, whereby up to and including the conclusion of the agreement exclusive use is made of one or more techniques for distance communication.
• Reflection period: the period of 14 days within which the consumer can make use of his right of withdrawal.
• Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period without giving any reason.

2. Identity of the entrepreneur

• Entrepreneur's name: Groots.store
• Business address: Nijverheidsweg 10, 3881LA, Putten
• Email address: info@groots.store
• Chamber of Commerce number: 65663160
• VAT number: NL856205709B01

3. Applicability
3.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
3.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically.
3.3 If specific product or service terms and conditions apply in addition to these general terms and conditions, they also apply. In the event of a conflict between these additional terms and conditions and these general terms and conditions, the consumer may invoke the provision most favorable to them.

4. The offer
4.1 The offer contains a complete, accurate, and comprehensible description of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
4.2 If the offer has a limited period of validity or is made subject to conditions, this will be clearly stated in the offer.

5. The agreement
5.1 The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
5.2 After the consumer has accepted the agreement electronically, the entrepreneur will immediately confirm receipt of the acceptance by e-mail.
5.3 The entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment.
5.4 The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as facts and factors relevant to responsibly entering into the agreement. For valid reasons, the entrepreneur may refuse an order or request or impose special conditions on its execution.

6. Right of withdrawal
6.1 The consumer has the right to cancel the agreement without giving reasons within 14 days. This period begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, physically receives the product.
6.2 If the entrepreneur has not provided the legally required information about the right of withdrawal, the cooling-off period expires 12 months after the end of the original cooling-off period. If the entrepreneur provides the required information within this extended period, the cooling-off period ends 14 days after the day on which the consumer received that information.

7. Obligations of the consumer during the cooling-off period
7.1 During the cooling-off period, the consumer will handle the product and packaging with care.
7.2 The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product, similar to how one would do in a physical store.
7.3 The consumer is only liable for any diminished value of the product if he has gone beyond what is permitted in paragraph 2.

8. Exercise of the right of withdrawal by the consumer and costs thereof
8.1 If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this unambiguously within the cooling-off period using the model withdrawal form or another clear statement.
8.2 The consumer shall return the product as soon as possible, but within 14 days of this notification.
8.3 The consumer shall bear the direct costs of returning the product, unless otherwise stated in the offer or the entrepreneur has not communicated this in a timely manner.
8.4 If the consumer revokes, the entrepreneur will reimburse all payments received from the consumer, including (if applicable) the delivery costs for the outward shipment, within 14 days after the day on which the entrepreneur is informed of the revocation, provided that the product has been returned in good order or that the consumer demonstrates that he has returned the product.

9. Exclusion of the right of withdrawal
9.1 Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at the latest upon conclusion of the agreement.
9.2 Exclusion is possible for, among others:

• Products that spoil quickly or have a limited shelf life;
• Products which are not suitable for return for hygienic reasons and of which the seal has been broken;
• Custom-made products, which are manufactured according to consumer specifications.

10. Prices and payment
10.1 The prices stated in the offer include VAT and, unless otherwise stated, exclude any shipping costs.
10.2 The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
10.3 In the event of non-payment by the consumer, the entrepreneur has the right to charge the consumer for reasonable costs incurred, such as collection costs, within the statutory framework.

11. Conformity, warranties and liability
11.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and usability, and the legal provisions and/or government regulations applicable on the date the agreement is concluded.
11.2 If a product is defective, the consumer must inform the entrepreneur within a reasonable period of time after discovering it. The consumer is entitled to free repair, replacement, or a (partial) refund, within a reasonable timeframe.
11.3 The entrepreneur is only liable for direct damage resulting from intent or gross negligence on the part of the entrepreneur or its management. The entrepreneur is not liable for indirect damage, consequential damage, or business damage, except to the extent mandatory legal provisions provide otherwise.
11.4 Nothing in these terms and conditions excludes or limits the statutory rights of the consumer.

12. Delivery, execution and transfer of risk
12.1 The place of delivery is the address provided by the consumer.
12.2 The entrepreneur will fulfill orders expeditiously, within 30 days at the latest, unless a different delivery period has been agreed upon. In the event of a delay, the entrepreneur will inform the consumer in a timely manner. In the event of a delay exceeding 30 days, the consumer may cancel the agreement free of charge.
12.3 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated third party, unless otherwise agreed.

13. Complaints procedure and disputes
13.1 Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time and in a clear manner.
13.2 The entrepreneur will respond to complaints within 14 days. If a complaint requires a foreseeably longer processing time, the entrepreneur will indicate this within 14 days, indicating when the consumer can expect a substantive response.
13.3 If a complaint cannot be resolved amicably, a dispute arises that can be submitted to the competent court. Consumers can also use the European online dispute resolution ( ODR ) platform at http://ec.europa.eu/consumers/odr/ .

14. Force Majeure
14.1 The entrepreneur is not obliged to fulfill any obligation towards the consumer if he is prevented from doing so by force majeure.
14.2 Force majeure means any circumstance beyond the control of the entrepreneur that makes fulfillment of obligations difficult or impossible, including but not limited to disruptions to the internet or telecommunications infrastructure, strikes, government measures, pandemics, and natural disasters.
14.3 If the force majeure lasts longer than 30 days, the parties are entitled to terminate the agreement without any obligation to pay damages.

15. Intellectual property rights
15.1 All intellectual property rights relating to the website, the products offered, texts, images, designs, logos, and other materials belong to the entrepreneur or its licensors.
15.2 Without prior written permission from the entrepreneur, the consumer is not permitted to reproduce, publish or exploit any material.

16. Data protection and privacy
16.1 The entrepreneur processes personal data of the consumer only in accordance with applicable law, including the GDPR.
16.2 The entrepreneur provides information in the privacy statement about which (personal) data is processed, for what purpose, on what basis and what rights the consumer can exercise.
16.3 The privacy statement is available on the entrepreneur's website.

17. Additional or deviating provisions
17.1 Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer.
17.2 If any provision of these terms and conditions is found to be void or voidable, in whole or in part, the validity of the remaining provisions will remain in full force. The entrepreneur and the consumer will consult with each other to agree on a replacement provision that is as close as possible to the original provision in scope.

18. Applicable law and competent court
18.1 Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, without prejudice to any mandatory provisions of the country in which the consumer resides.
18.2 Disputes between the parties will be submitted to the competent court of the district where the entrepreneur is established, unless mandatory legal rules provide otherwise.