AGB
Terms and Conditions
Table of Contents:
- Definitions
- Identity of the Entrepreneur
- Applicability
- The Offer
- The Agreement
- Right of Withdrawal
- Obligations of the Consumer During the Cooling-Off Period
- Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
- Obligations of the Entrepreneur in Case of Withdrawal
- Exclusion of the Right of Withdrawal
- The Price
- Compliance and Additional Guarantee
- Delivery and Execution
- Duration Transactions: Duration, Termination, and Extension
- Payment
- Complaints Procedure
- Disputes
- Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following terms have the following meanings:
- Additional Agreement: An agreement where the consumer acquires products, digital content, and/or services in connection with a distance contract, supplied by the entrepreneur or a third party based on an agreement between the third party and the entrepreneur.
- Reflection Period: The period within which the consumer can use the right of withdrawal.
- Consumer: The natural person who is not acting for purposes related to trade, business, craft, or profession.
- Day: Calendar day.
- Digital Content: Data produced and supplied in digital form.
- Duration Agreement: An agreement for the regular delivery of goods, services, and/or digital content during a specified period.
- Durable Data Carrier: Any instrument, including email, that enables the consumer or entrepreneur to store information in a way that facilitates future consultation or use for a period geared to the purpose of the information and allows unchanged reproduction.
- Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
- Entrepreneur: The natural or legal person who offers products, digital content, and/or services to consumers at a distance.
- Distance Contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sale of products, digital content, and/or services, using one or more techniques for distance communication.
- Model Withdrawal Form: The European model withdrawal form included in Appendix I of these terms and conditions.
- Technique for Distance Communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same place at the same time.
Article 2 – Identity of the Entrepreneur
- Troje VOF, trading under the names Hellas Food and Eleo
- Address: Maastrichterlaan 25, 6291 EK Vaals, Netherlands
- Telephone: +31-(0) 685278127
- Email: info@hellasfood.nl
- Chamber of Commerce Number: 14112901
- VAT Number: NL820595482B01
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If the distance contract is concluded electronically, the text will be made available electronically in a way that can be easily stored on a durable data carrier.
Article 4 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated. The offer contains a complete and accurate description of the products, digital content, and/or services offered. Obvious mistakes or errors do not bind the entrepreneur. Each offer contains information so that the consumer knows what rights and obligations are associated with accepting the offer.
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the conditions. If accepted electronically, the entrepreneur will confirm receipt of acceptance electronically. The entrepreneur will take appropriate measures to secure electronic data transfer and ensure a secure web environment. The entrepreneur can check if the consumer can meet payment obligations before entering into the agreement. The entrepreneur will provide all necessary information at the latest upon delivery of the product, service, or digital content.
Article 6 – Right of Withdrawal
For products, the consumer can dissolve the purchase agreement within at least 14 days without giving reasons. The reflection period starts the day after the consumer receives the product or, in the case of multiple products ordered together, the last product. For services and digital content not delivered on a tangible medium, the reflection period starts the day after the agreement is concluded.
Article 7 – Obligations of the Consumer During the Cooling-Off Period
During the cooling-off period, the consumer must handle the product and packaging with care, only unpacking or using it as necessary to determine the nature, characteristics, and functioning. The consumer is liable for any diminished value due to handling the product beyond what is necessary.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
The consumer must report withdrawal within the cooling-off period using the model withdrawal form or another unambiguous method. The consumer must return the product within 14 days of this notification. The consumer bears the direct costs of returning the product unless the entrepreneur has agreed to bear these costs.
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
The entrepreneur will acknowledge receipt of withdrawal notification immediately if done electronically. The entrepreneur will reimburse all payments made by the consumer, including delivery costs, within 14 days of the withdrawal notification, using the same payment method unless the consumer agrees to a different method.
Article 10 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude certain products and services from the right of withdrawal, provided this is clearly stated in the offer, or at least in time before concluding the agreement.
Article 11 – The Price
During the offer validity period, product and service prices will not increase except for VAT changes. Variable prices due to financial market fluctuations will be stated as such. Price increases within three months after agreement conclusion are only allowed if due to statutory regulations.
Article 12 – Compliance and Additional Guarantee
The entrepreneur guarantees that products and services comply with the agreement, offer specifications, reasonable requirements of reliability and usability, and existing legal provisions. Additional guarantees do not limit consumer rights under the agreement.
Article 13 – Delivery and Execution
The entrepreneur will take care in receiving and executing orders. Delivery occurs at the address provided by the consumer. Accepted orders will be executed promptly, within 30 days unless otherwise agreed. The consumer will be notified of delays or inability to fulfill orders within 30 days. In such cases, the consumer can terminate the agreement and receive a refund.
Article 14 – Duration Transactions: Duration, Termination, and Extension
The consumer can terminate an indefinite duration agreement for regular product or service delivery with a notice period of no more than one month. Fixed-term agreements cannot be tacitly extended for a fixed period, except under specific conditions. Agreements longer than one year can be terminated by the consumer after one year with a notice period of no more than one month.
Article 15 – Payment
Amounts owed by the consumer must be paid within 14 days after the reflection period starts, or if there is no reflection period, within 14 days after agreement conclusion. Advance payments cannot exceed 50%. Consumers must report any inaccuracies in payment details immediately. If the consumer fails to pay on time, statutory interest and collection costs may apply.
Article 16 – Complaints Procedure
The entrepreneur has a complaints procedure, and complaints must be submitted clearly and within a reasonable time. Complaints will be responded to within 14 days. If longer processing time is needed, the consumer will receive an acknowledgment and an indication of when a detailed answer will be provided. The consumer must allow the entrepreneur at least 4 weeks to resolve the complaint.
Article 17 – Disputes
Agreements to which these terms and conditions apply are exclusively governed by Dutch law.
Article 18 – Additional or Deviating Provisions
Additional or deviating provisions from these terms and conditions must not disadvantage the consumer and must be recorded in writing or stored in an accessible manner on a durable data carrier.