Terms of service

Terms and Conditions – PiRO BBQ B.V.

 

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 cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof

Article 9 - Obligations of the entrepreneur in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Guarantee

Article 13 - Delivery and execution

Article 14 - Payment

Article 15 - Disputes

Article 16 - Additional or derogating provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  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. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Duration of the contract: a contract intended for the regular supply of goods,services and/or digital content for a certain period of time;
  6. Durable datacarrier: any tool -  including e-mail  - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
  7. Right of withdrawal: the possibility of the consumer to renounc the distance contract within the cooling-off period;
  8. Entrepreneur:the natural or legal person who offers products, (access to) digital content and/or services to consumers remotely;
  9. Distancecontract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for the distance sale of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
  10. Remote communicationtechnology: means that can be used for the conclusion of a contract, without the consumer and the entrepreneur having to meet simultaneously in the same room.

 

Article 2 - Identity of the entrepreneur

PiRO BBQ B.V. located at Frees 2  in Uithoorn

Communication takes place via  the contact form on the website or e-mail address  info@pirobbq.com   

Registered with the Chamber of commerce in Amsterdam under  number: 82216967

VAT identification number: NL862379866B01

 

Article 3 -  Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be seen by the entrepreneur and that they will be sent free of charge at the request of the consumer as soon as possible.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken note of by electronic means and that they will be sent free of charge by electronic means or otherwise at the request of the consumer. .

 

Article 4 -  The offer

  1. If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

 

Article 5 -  The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set by it.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. 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 secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
  4. The entrepreneur can inform himself within legal frameworks - whether the consumer can meet his payment obligations, as well as of 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 grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. At the latest when  delivering the product, the 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 way on a durable data carrier:
  6. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  7. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  8. the information about warranties and existing after-purchase service;
  9. the price including all taxes on the product or  service; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;

 

Article 6 -  Right of withdrawal

For products:

  1. The consumer can terminate an agreement relating to the purchase of a product for a cooling-off period of 14 days without anyreason. The entrepreneur may ask the consumer for the reason for withdrawal,  but may not obligehim to give his reason (s).
  2. The cooling-off period referred to in paragraph 1 shall start on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may refuse an order of several products with a different delivery time.  
  4. where the delivery of a product consists of several consignments or parts, the day on which the consumer, or a third party designated by him, received the last consignment or the lastpart.

 

For services:

  1. The consumer can dissolve a service agreement for 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not obligehim to give his reason (s).
  2. The cooling-off period referred to in paragraph 3 shall start on the day following the conclusion of the agreement.

 

 

Article 7 -  Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack and assess the product to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do 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 beyond what is permitted in paragraph 1.

 

Article 8 -  Exercise of the right of withdrawal by the consumer and the 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 in unambiguous ways.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. In any case, the consumer has observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product.
  6. If the consumer revokes after the provision of the service has been caught during the cooling-off period, the consumer owes the entrepreneur an amount that is proportionate to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
  7. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 -  Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible in an electronic way, he will immediately send an acknowledgement of receipt after receipt of this notification.
  2. The entrepreneur will reimburse 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 he has received the product back or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another 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 recoup the additional costs for the more expensive method.

 

Article 10 -  Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal:

  1. Products or services whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawalperiod;
  2. Agreements concluded during a public auction. A public auction is understood to mean a sales method inwhich products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full performance of the service, but only if:
  4. the execution has begun with the express prior consent of the consumer; and
  5. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
  6. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
  7. Service contracts for the provision of accommodation, if a certain date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services and catering;
  8. Agreements relating to leisure activities, if the agreement provides for a certain date or period of execution thereof;
  9. 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;
  10. Products that spoil quickly or have a limited shelf life;
  11. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  12. Products that, by their nature, are irrevocably mixed with other products after delivery;
  13. Alcoholic beverages whose price was agreed at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
  14. Sealed audio, video recordings and computer software, the seal of which is broken after delivery;
  15. Newspapers, magazines or magazines, with the exception of subscriptions to them;
  16. The supply of digital content other than on a tangible medium, but only if:
  17. the execution has begun with the express prior consent of the consumer; and
  18. the consumer has stated that he loses his right of withdrawal as a cause.

 

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. The prices mentioned in the range of products or services are inclusive of VAT.

 

Article 12 -  Guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
  2. Breakage of the glass window or the pizza stone, as well as damage to the coating, is not covered under the product warranty.

 

Article 13 -  Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests 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 about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with expeditious speed but no later than within 30 days, unless another delivery period has been If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 14  -  Payment

  1. Insofar as otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the conclusion of the agreement. When selling products, the consumer cannot assert any right regarding the execution of the relevant order before the stipulated advance payment has been made.
  2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of 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-dayperiod, he will owe the statutory interest on the amount still due and the entrepreneur is entitled to 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 following € 2.500,= and 5% on the next € 5.000,= with a minimum of €  65,=. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.

 

Article 15  -  Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

 

Article 16  - Additional or derogating provisions

Additional or deviating provisions from these general terms and conditions must be recorded inwriting.