A. GENERAL PROVISIONS
All rights, titles and interests in our website are the exclusive property of i Love Stroopwafels. Copying all or any parts of the website is prohibited without the prior permission from i Love Stroopwafels.
B. PROVISIONS GOVERNING THE ISSUANCE OF ORDERS AND CONCLUSION OF CONTRACTS
Article 1. Acceptance of General Terms and Conditions
Once a user (the “Customer”) has filled out the our website order form and confirmed the order then this will result in the full and binding acceptance of these General Terms and Conditions which will be the only terms applicable to the contract thereby entered into.
Article 2. Order confirmation and conclusion of contract
The website contains at all times a commercial offering to sell certain Products, but this shall not be construed as a legally binding permanent offer. Thus, as explained below, a contract is only concluded when and if the order is confirmed by our website. Once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions, the order is accepted by i Love Stroopwafels. i Love Stroopwafels reserves the right not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem in completing the delivery.
Article 3. General Obligations of the parties
3.1 Obligations of i Love Stroopwafels
i Love Stroopwafels undertakes, once the order has been accepted, to sell the products set forth on the order (the “Products”) and to deliver the Products ordered to the address indicated by the Customer. In relation to the above, i Love Stroopwafels undertakes to place the Products with the carrier of its choice not later than 10 working days after the order has been accepted and the order has been paid for.
3.2 Obligations of the Customer
The Customer shall clearly indicate the address to which the Products are to be delivered. The Customer undertakes to pay the stated price for the delivery (price of the Products plus transport), as well as to pay, or have paid, directly to the carrier any additional amount that might arise due to custom duties, value added tax or other taxes due upon import into the country where the Products are delivered.
Article 4. Specific Provisions
4.1 Price, Invoice
The total price (the “Price”) shown by our website on the order form is definitive. The Price includes: the price of the Products, handling costs, packaging and transport. The Price will be in Euros, any amounts stated in other currencies being only for the purposes of estimating the price in another currency. Payment will only be accepted by Bank Credit Card i.e. Paypal. Debit cards like Switch or VISA Electron will not be processed. Once the order has been accepted, the Customer will be charged in Euros. At the express demand of the Customer,
i Love Stroopwafels will issue an invoice. The Customer must indicate the address where the invoice is to be sent.
4.2 Transport – Delivery – Delivery Schedule
Unless the Customer has failed to make payment for any reason, the Products will not be delivered to the address indicated. The delivery time given to the Customer by i Love Stroopwafels may vary depending on the country involved. In case delivery is made and nobody is at the indicated address to accept delivery, the carrier shall leave a note indicating that it was unsuccessful in making the delivery and that the Customer should come to recover the Products at a location specified by the carrier. i Love Stroopwafels will not, for any reason, be held liable for any deterioration in the Products due to a Customer’s failure to collect the Products in a timely manner.
4.3 Transfer of Risk
The transfer of risk of the Products takes place when i Love Stroopwafels gives the Products to the carrier.
4.4 Qualification upon Receipt – No returns – Limited Rights to Reimbursement / Replacement
The Customer can only make a claim if the Products delivered do not conform with the type or quantity ordered. The claim must be made in writing to the carrier at the time of delivery. A copy must be sent to i Love Stroopwafels (e-mail
) no later than twelve (12) hours after the claim was made. With the claim, the Customer shall supply the carrier’s confirmation of the validity of the Customer’s claim. No returns of Products will be accepted. If the above procedures are respected, and the claim is proven to be valid due to the packaging and the Products being seriously damaged, i Love Stroopwafels at their choice will either reimburse the Customer the price or replace the Products at the expense of i Love Stroopwafels. If the delivery is not in conformity with the quantity ordered, i Love Stroopwafels will reimburse the difference in the price between the Products ordered and those delivered only if those delivered are sold for less than those ordered and paid for. No claim will be accepted with respect to the taste, appearance or freshness of the Products as all our products have an expiring date well after the delivery time of the Products.
4.5 Return / Refund Policy
As our products are perishable, all food sales are final. i Love Stroopwafels will be happy to replace any item(s) in the unlikely event that they might be damaged or spoiled during transit. To make sure that you are satisfied with the product you receive, please inspect the contents as soon as your order arrives. i Love Stroopwafels is not responsible for damage or loss as a result of shipments being returned to the freight location or being undeliverable as a result of incorrect address information you supply to us, or for inability of a recipient to receive the package on the day you specify that it should be delivered. Shipping/handling charges are not refundable. Refunds can only be credited to the originating credit card in a period of 14 day’s after receipt of goods. A refund can only be given due to unforseen circumstances and will be individually reviewed.
4.6 Limited Guarantee
i Love Stroopwafels guarantees that the Products are genuine and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the website at the date the order was made. i Love Stroopwafels guarantees that the Products are of good quality. The above is the only warranty given by i Love Stroopwafels. No other warranties, whether express or implied, are given. In particular, i Love Stroopwafels does not warrant that the Products correspond to the specific expectations of the Customer. i Love Stroopwafels does not refund any orders after they have been received by the Customer, nor does i Love Stroopwafels accept any return of products.
4.7 Liability – Limitation of Liability
The Customer is personally liable for its choice of Products and after delivery is entirely responsible for the conservation and consumption of the Products. Also, i Love Stroopwafels will not be held liable for not respecting any laws or regulations in the country where the Products are delivered. i Love Stroopwafels is only liable for complying with Dutch regulations relating to the Products. In any event, the liability of i Love Stroopwafels is limited to the lesser of the following amounts: 1) the direct damage suffered by the Customer or 2) the price of the order irrespective of the basis on which i Love Stroopwafels liability may be assessed.
C. INVALIDITY – FORCE MAJEURE – APPLICABLE LAW – COMPETENT COURTS
If any one of the clauses of these General Terms and Conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause. Neither i Love Stroopwafels nor the Customer will be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not limited to the following: war, riot, insurrection, interruption of transport systems, problems relating to export and import, strikes, lock-out, shortage of Products, fire, earthquakes, storms or floods. These General Terms and Conditions are governed exclusively by Dutch law. All litigation or disputes between the parties shall be brought only before the competent court in The Netherlands.
i Love Stroopwafels
M.H. Trompstraat 27,
Chamber of Commerce Rotterdam: 24443924