[ FRIANDRIES ]

Terms and conditions

Below you will find our General Terms and Conditions. They apply whenever you place an order through our Website. The General Terms and Conditions contain important information for you as a Consumer, so please read them carefully. We recommend that you save or print these terms so that you can refer to them later.


General Terms and Conditions of Friandries B.V.

ARTICLE 1 DEFINITIONS

In these terms and conditions, the following definitions apply:

  1. General Terms and Conditions: these General Terms and Conditions;
  2. Supplementary Agreement: an Agreement under which the Customer acquires products, digital content and/or services in connection with a Distance Agreement, where those goods, digital content and/or services are supplied by Friandries or by a third party on the basis of an arrangement between that third party and Friandries;
  3. Day: calendar day;
  4. Digital content: data produced and supplied in digital form;
  5. Durable medium: any tool, including email, that enables the Customer or Friandries to store information addressed personally to them in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that allows the stored information to be reproduced unchanged;
  6. Friandries: the legal entity that offers products, (access to) digital content and/or services to the Customer at a distance;
  7. Customer: any natural person or legal entity to whom Friandries has made a quotation, from whom Friandries has received a quotation and/or with whom Friandries has entered into a contractual relationship.
  8. (Distance) Agreement: the agreement concluded between Friandries and the Customer within the framework of an organised system for the distance selling of products, digital content and/or services, in which, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more techniques for distance communication;
  9. Website: the Friandries webshop, available at www.friandries.nl.


ARTICLE 2 IDENTITY OF FRIANDRIES

Friandries B.V., also trading under the names Friandries Chocolates and Cacao Creations

Registered and visiting address:

Floresstraat 3
5013 BZ Tilburg

Phone number: 013-3004041 / 06-46242910
Email address: contact@friandries.nl
Chamber of Commerce number: 83365907
VAT identification number: NL862846390B01


ARTICLE 3 APPLICABILITY

  1. These General Terms and Conditions apply to every offer made by Friandries and to every Distance Agreement concluded between Friandries and the Customer.
  2. Before the Distance Agreement is concluded, the text of these General Terms and Conditions will be made available to the Customer. If this is not reasonably possible, Friandries will indicate, before the Distance Agreement is concluded, how the General Terms and Conditions can be inspected at Friandries and that they will be sent to the Customer free of charge as soon as possible on request.
  3. If the Distance Agreement is concluded electronically, then, notwithstanding the previous paragraph and before the Distance Agreement is concluded, the text of these General Terms and Conditions may be made available to the Customer electronically in such a way that the Customer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, before the Distance Agreement is concluded, where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the Customer's request.
  4. If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the Customer may always rely on the applicable provision that is most favourable to them.
     

ARTICLE 4 THE OFFER

  1. If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly 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 enable the Customer to assess the offer properly. If Friandries uses images, these are a true representation of the products, services and/or digital content offered. Friandries cannot be held responsible for (colour) deviations resulting from screen quality
  3. Obvious mistakes or obvious errors in the offer do not bind Friandries.
  4. Each offer contains such information that it is clear to the Customer what rights and obligations are attached to accepting the offer. 
     

ARTICLE 5 THE AGREEMENT

  1. Subject to the provisions of paragraph 4, the Agreement is concluded at the moment the Customer accepts the offer and meets the conditions attached to it.
  2. If the Customer has accepted the offer electronically, Friandries will confirm receipt of the acceptance electronically without delay. As long as receipt of this acceptance has not been confirmed by Friandries, the Customer may dissolve the agreement.
  3. If it turns out that the Customer provided incorrect information at the time the agreement was concluded, Friandries will not be able to fulfil its obligations under the agreement until it has received the correct information from the Customer.
  4. If the agreement is concluded electronically, Friandries will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Customer can pay electronically, Friandries will observe appropriate security measures for this purpose.
  5. Friandries may, within the legal framework, find out whether the Customer can meet its payment obligations, as well as all facts and factors relevant to responsibly entering into the Distance Agreement. If, on the basis of this investigation, Friandries has good reason not to enter into the Agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
     

ARTICLE 6 EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. Friandries products are excluded from the right of withdrawal, because they are products with a limited shelf life and/or are made to the Customer's specifications, are not prefabricated and are made on the basis of an individual choice or decision by the Customer, or are clearly intended for a specific person/Customer.
     

ARTICLE 7 THE PRICE

  1. Unless stated otherwise, the prices quoted by Friandries are prices including VAT for consumers and prices excluding VAT for business customers who are not consumers.
  2. In certain cases, Friandries charges the Customer delivery and/or shipping costs. Friandries shows these costs separately during the ordering process.
  3. The Customer owes the price as stated in the final step of the webshop's ordering process and as stated in Friandries's order confirmation or as shown in Friandries's quotation.
  4. Obvious mistakes and evident inaccuracies in Friandries's price information may still be corrected by Friandries, even after the Agreement has been concluded.
     

ARTICLE 8 PAYMENT

  1. Products ordered through the Friandries webshop are paid for online using the payment method iDEAL | Wero (payment service: Mollie), PayPal or credit card, unless otherwise provided in the Agreement or supplementary conditions.
  2. Products ordered other than through the Friandries webshop must be paid for by the Customer within 14 days of the invoice date, unless otherwise provided in the Agreement or supplementary conditions.
     

ARTICLE 9 RETENTION OF TITLE

  1. Friandries retains title to the goods to be delivered by Friandries to the Customer until the price agreed between the parties for those goods has been paid in full.
     

ARTICLE 10 DELIVERY AND PERFORMANCE

  1. Friandries will exercise the greatest possible care when receiving and carrying out orders for products placed by the Customer.
  2. The place of delivery is the address the Customer gave to Friandries when placing the order.
  3. If the Customer has provided an incorrect delivery address, this cannot be held against Friandries and Friandries is not liable for it. Any additional costs Friandries incurs as a result are at the Customer's expense.
  4. Friandries aims to process and deliver products ordered by the Customer as quickly as possible. Friandries endeavours to meet the delivery period stated in the order confirmation exactly. However, the delivery period stated in the order confirmation is a target date and in no way qualifies as a strict deadline. Any delay in delivery will in no case entitle the Customer to compensation. 
  5. If the Customer orders a product that is (temporarily) out of stock, Friandries will let the Customer know whether and when the product will be available again.
  6. The risk of damage to and/or loss of products rests with Friandries until the moment of delivery to the Customer or to a representative designated in advance and made known to Friandries, unless expressly agreed otherwise.
  7. From the moment the products have been delivered by Friandries to the address given by the Customer, the risk referred to in the previous paragraph passes to the Customer. The Customer must store the products in a dry place, protected from moisture and outside the refrigerator. The ideal temperature for storing the products is (preferably a constant temperature of) 18 degrees Celsius. The products can be consumed up to one month after delivery. 
  8. If the Customer or the third party designated by them is not present at the delivery address at the agreed delivery time to receive the products, Friandries is entitled to leave the products with neighbours or to take them back. In the latter case, Friandries will offer the products to the Customer again at another time and/or on another day to be agreed in consultation with the Customer, the costs of which are at the Customer's expense. If delivery proves impossible, the Customer's payment obligation does not lapse and any additional costs (including the costs of taking back the products) will be charged to the Customer.
  9. In view of the nature of its products, Friandries does not deliver products to PO box addresses.
  10. At temperatures or forecast temperatures above 21 degrees Celsius, Friandries reserves the right not to deliver chocolate products that may spoil at such temperatures. Friandries will inform the Customer of this.
  11. Friandries is entitled to engage third parties in carrying out the (delivery) obligations arising from the Agreement.
     

ARTICLE 11 CONFORMITY AND GUARANTEE 

  1. Friandries guarantees that the products and/or services comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date the Agreement was concluded.
  2. If the delivered product does not comply with the Agreement, the Customer must notify Friandries of this no later than 3 working days after they could reasonably have discovered it.
  3. If Friandries considers the complaint to be justified, the product will, after consultation with the Customer, be repaired, replaced or (partly) reimbursed. If the price of the product is reimbursed, this will be no more than the invoice amount of the product.
     

ARTICLE 12 FORCE MAJEURE

  1. Friandries is not liable for its default and is not obliged to fulfil its obligations under any agreement with the Customer if Friandries is prevented from doing so by any form of force majeure, except in the case of intent or conscious recklessness.
  2. “Force majeure” as referred to in this article means: natural disasters, war, epidemics/pandemics, government measures, terrorist attacks, the unavailability of ships, lorries or other transport, riots, labour unrest, accidents, the imposition of sanctions, collapse of buildings, fire, explosion or an accident, as well as any other cause beyond the control of Friandries.
     

ARTICLE 13 LIABILITY

  1. The liability of Friandries is limited to the amount paid out under the business liability insurance in the case in question, plus the excess that, under the terms of the policy, is not borne by the insurer.
  2. If the insurer does not pay out in any case or the damage is not covered by the insurance, the liability of Friandries is limited to the invoice amount of the order.
  3. Friandries is not liable for damage of any kind arising because Friandries relied on incorrect and/or incomplete information provided by or on behalf of the Customer.
  4. Friandries is never liable for indirect damage, including stagnation in the regular course of business of the Customer's company, lost profits, missed savings and consequential damage, in any way connected with or caused by the performance of the work by Friandries.
  5. Friandries has the right at all times, if and insofar as possible, to remedy the Customer's damage.
  6. The limitations of liability in these terms and conditions do not apply if the damage is due to intent or conscious recklessness on the part of Friandries.
  7. Friandries is entitled to use the services of third parties in carrying out products ordered by the Customer. Friandries will always exercise due care when engaging third parties and is not liable for damage resulting from shortcomings of third parties. Friandries is entitled, without prior consultation with the Customer, to accept any limitations of liability of third parties on behalf of the Customer as well.
     

ARTICLE 14 INTELLECTUAL PROPERTY RIGHTS

  1. All intellectual property rights to the products, brands, (trade) names, domain names, logos, artwork, images, look and feel, websites, promotional and marketing materials, merchandise etc. of Friandries rest exclusively with Friandries and/or its licensors. It is not permitted to use these intellectual property rights without the prior consent of Friandries.
     

ARTICLE 15 COMPLAINTS

  1. Complaints about the performance of the agreement must be submitted to Friandries in writing, fully and clearly described, within a reasonable time after the Customer has discovered the defects. Reference is made to the contact details in article 2.
     

ARTICLE 16 PRIVACY

  1. Friandries will treat privacy-sensitive information concerning the Customer confidentially.
  2. If Friandries processes personal data of the Customer, this processing
    takes place in accordance with the Friandries privacy policy. This can be consulted at: www.friandries.nl.
     

ARTICLE 17 FINAL PROVISIONS

  1. All quotations made to or by Friandries and all agreements concluded with Friandries are governed exclusively by Dutch law, excluding the Vienna Sales Convention.
  2. All disputes relating to quotations made to or by Friandries and to Agreements concluded with Friandries will be settled by the competent court of the jurisdiction in which Friandries is established.
  3. If a provision of these General Terms and Conditions is void or voidable, it is to be replaced by the legally permitted provision that most closely reflects the intention of the parties as shown by the void or voidable provision, and the remaining provisions of these general terms and conditions remain in full force.
  4. Deviations from, including additions to or extensions of, these General Terms and Conditions are valid only if they have been agreed separately in writing by Friandries and the Customer.

Version: 4 September 2023

This is a translation of the Dutch General Terms and Conditions. In the event of a difference, the Dutch text prevails.