Terms and Conditions

Definitions

1. Cacaobomen.nl : Cacaobomen.nl established in Harmelen under Chamber of Commerce no. 82857083

2. Customer: the person with whom cacaobomen.nl has entered into an agreement.

3. Parties: Cacaobomen.nl and the customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or by or on behalf of cacaobomen.nl.

2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.

3. The parties expressly exclude the applicability of additional or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices that cacaobomen.nl uses are in euros, and exclusive of 9% VAT and including any other costs such as administration levies and travel, shipping or transport costs, unless explicitly stated or agreed otherwise.

2. All prices that Cacaobomen.nl uses for its products or services, on its website or otherwise made known, can be changed at any time.

3. Increases in the cost prices of products or parts thereof that Cacaobomen.nl could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to a price increase.

4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Consequences of not paying on time

1. If the customer does not pay within the agreed term, Cacaobomen.nl is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month becomes a whole month. calculated.

2. if the customer is in default, he also owes extrajudicial collection costs and any compensation to cacaobomen.nl.

3. The collection costs are calculated on the basis of the decision on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, Cacaobomen.nl may suspend its obligations until the customer has fulfilled its payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payments to the client's being, Cacaobomen.nl's claims against the client are immediately due and payable.

6. If the customer refuses to cooperate with the execution of the agreement by Cacaobomen.nl, he is still obliged to pay the agreed price to cacaobomen.nl.

Right of advertising

1. As soon as the customer is in default, Cacaobomen.nl is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. Cacaobomen.nl invokes the right to complain by means of a written or electronic notification.

3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Cacaobomen.nl, unless the parties make other agreements about this.

4. The costs for returning or returning the products are for the account of the customer.

Right of withdrawal

1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

- the product has not been used.

- it is not a product that can be operated quickly, such as food, flowers or plants

- it is not a product that has been tailor-made or modified especially for the consumer.

- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.).

- the seal is still intact if it concerns data carriers with digital content.

- it is not a journey, transport ticket, catering assignment or form of leisure activity.

- it is not a loose magazine or newspaper.

- the customer has not waived his right of withdrawal

2. Reflection period of 14 days as referred to in paragraph 1, starts:

- on the day after the consumer has received the last product or part of 1 order

- as soon as the consumer has the first product - received with a subscription - as soon as the consumer has first purchased a service

- as soon as the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can make his appeal to the right of withdrawal known via info@cacaobomen.nl, if desired using the withdrawal form that can be downloaded from the website of cacaobomen.nl, https://www.cacaobomen.nl.

4. The consumer is obliged to return the product to Cacaobomen.nl within 14 days after making his right of withdrawal known, in the event of defects, his right of withdrawal will lapse.

5. The costs for the return are for the account of the customer.

6. If the purchase costs and any other costs (such as shipping costs) are eligible for a refund according to the law, cacaobomen.nl will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Cacaobomen.nl in a timely manner.

7. With us it is possible to report your return request within 14 days. After we have received your notification, you will have another 14 days to return the product. The return costs are for your own account. We will refund the order amount and shipping amount (for the forwarding) within 14 days of notification, provided the product has been received in good order.

8. If your product has been custom-made or grown, it can unfortunately not be returned. If something went wrong during transport, please send us a message with some photos. Then we will look for a suitable solution together.

Right of suspension

1. Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. Cacaobomen.nl can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to Cacaobomen.nl, unless the customer has provided sufficient security for those costs. .

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Cacaobomen.nl.

3. Cacaobomen.nl is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

1. Unless the customer is a consumer, the customer waives his right to set off a debt owed to Cacaobomen.nl against a claim against Cacaobomen.nl.

Retention of title

1. Cacaobomen.nl remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to Cacaobomen.nl.

2. Until that time, Cacaobomen.nl can invoke its retention of title and take back the goods.

3. Before the ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.

4. If Cacaobomen.nl invokes its retention of title, the agreement is considered dissolved and Cacaobomen.nl has the right to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place as long as stocks are provided.

2. Delivery takes place at / by Cacaobomen.nl, unless the parties have agreed otherwise

3. Delivery of products ordered online takes place at the address indicated by the customer.

4. If the agreed amounts are not paid or not paid on time, Cacaobomen.nl has the right to suspend its obligations until the agreed part has been paid.

5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to cacaobomen.nl for a late delivery.

Delivery time

1. The delivery times stated by Cacaobomen.nl are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time starts at the moment that the customer has completely completed the ordering process and has received confirmation of this from Cacaobomen.nl.

3. Exceeding the specified delivery time does not entitle the customer to compensation, nor does it give the right to dissolve the agreement, unless Cacaobomen.nl cannot deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.

Actual delivery

1. The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs

1. Transport costs are for the account of cacaobomen.nl within The Netherlands unless the parties have agreed otherwise.

Packing and Shipping

1. If the packaging of a delivered product is opened or damaged, the customer must before receiving the product. By having the forwarder or delivery make a note of this, in case of defects Cacaobomen.nl cannot be held liable for any damage.

2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging prior to transport to Cacaobomen.nl in the event of defects for which Cacaobomen.nl cannot be held liable.

Guarantee

1. The warranty with regard to products only applies to defects caused by faulty cultivation, construction or material.

2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the time when these are legally and/or factually delivered, or at least come under the control of the customer or a third party who takes delivery of the product on behalf of the customer.

exchange

1. Exchange is only possible if the following condition is met - Exchange will take place within 14 days of purchase on presentation of the original invoice - The product will be returned in its original packaging or with the original price tags still attached - The product is still not used

Disclaimer

The customer indemnifies cacaobomen.nl against all claims from third parties related to the products and or services supplied by Cacaobomen.nl.

Complaints

1. The customer must examine a product or service provided by Cacaobomen.nl as soon as possible for any shortcomings.

2. If a delivered product or service does not answer what the customer could reasonably expect from the agreement, the customer must inform Cacaobomen.nl of this as soon as possible, but within 1 month after the discovery of the shortcoming.

3. Consumers must inform Cacaobomen.nl of this within 2 months after the discovery of the shortcoming.

4. The customer provides as detailed a description as possible of the shortcoming so that Cacaobomen.nl is able to respond adequately.

5. The customer must demonstrate that the complaint relates to the agreed party.

6. If a complaint relates to ongoing work, this can in any case lead to Cacaobomen.nl being obliged to perform other work than has been agreed.

7. If the customer is dissatisfied with the service provided by Cacaobomen.nl, the customer will inform Cacaobomen.nl as soon as possible and the parties will try to find an informal solution.

8. If the path followed in paragraph 1 does not lead to a sufficient solution, the customer can submit a complaint to Webshop keur.

Since 2016, it has been mandatory to state that consumers can report a complaint to the European ODR platform. You must share this complaint information in your general terms and conditions and on your own and separate complaints page on your website! You can use the following text for this:

"It can always happen that something does not go quite as planned. We recommend that you first make complaints known to us by emailing info@cacaobomen.nl. If this does not lead to a solution, it is possible to resolve your dispute. to register for mediation via Stichting WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil From 15 February 2016 it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission This ODR platform can be found at http://ec.europa.eu/odr If your complaint is not yet being handled elsewhere, you are free to file your complaint via the European Union platform. "

Notice of default

1. The customer must notify the notice of default in writing to info@cacaobomen.nl

2. It is the customer's responsibility that a notice of default actually reaches cacaobomen.nl (on time).

Main liability customer

If Cacaobomen.nl enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to Cacaobomen.nl under that agreement.

Liability Cacaobomen.nl

1. Cacaobomen.nl is only liable for any damage suffered by the customer if and insofar as that damage is caused intent or willful recklessness.

2. If Cacaobomen.nl is liable for any damage, it is only liable for direct damage arising from or related to the execution of the agreement.

3. Cacaobomen.nl is never liable for indirect damage such as consequential damage, lost profit, missed savings or damage to third parties.

4. If cacaobomen.nl is liable, this liability is limited to the amount that is paid out by a private (professional) liability insurance and in the absence of (full) payment to an insurance company of the damage amount, the liability is limited to the (part of the ) invoice amount to which the liability relates.

5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or partial dissolution of the agreement and/or suspension of any obligations.

Expiration period

Any right of the customer to compensation from cacaobomen.nl expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to dissolve the agreement if Cacaobomen.nl imputably fails to fulfill its obligations, unless this shortcoming does not justify the termination due to its special nature or minor significance.

2. If the fulfillment of the obligation by Cacaobomen.nl is not permanently or temporarily impossible, dissolution can only take place after Cacaobomen.nl is in default.

3. Cacaobomen.nl has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Cacaobomen.nl has taken note of circumstances that give him good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of cacaoplanten.nl in the fulfillment of any obligations with regard to the customer cannot be attributed to cacaobomen.nl in any of the will of cacaobomen.nl. independent situation, as a result of which the fulfillment of its obligations vis-à-vis the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from cacaobomen.nl.

2. The force majeure situation referred to in paragraph 1 also but not exclusively includes a state of emergency (such as civil war, revolt, riots, natural disasters, etc.), non-performance and force majeure by suppliers, deliverers or other third parties, unexpected power failure, internet, computer, computer viruses, government measures , unforeseen transport problems.

3. If a force majeure situation arises as a result of which cacaobomen.nl cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until cacaobomen.nl can meet them again.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

5. In a situation of force majeure cacaobooms.nl does not owe any (damage) compensation, not even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement

If after the conclusion of the agreement for its implementation it appears necessary to amend or supplement its content, the parties enter the agreement in a timely manner and in mutual consultation.

Change of terms and conditions

1. Cacaobomen.nl is entitled to change or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. Cacaobomen.nl will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Ascension of Rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Cacaobomen.nl.

2. This provision applies as a stipulation with property law effect as referred to in Section 3:83 subsection of the Dutch Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Cacaobomen.nl had in mind when drafting the conditions on that point.

Applicable law and competent court

1. Only Dutch law applies to every agreement between the parties.

2. The Dutch court in the district where Cacaobomen.nl is located/has practice/offices has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Prepared on April 29, 2021