I.
Welcome to Vatille (a.k.a. Sysch, Hadewijchstraat 143, 1813JK, Alkmaar, The Netherlands) registered at the Alkmaar Chamber of Commerce under number 61958700, hereinafter referred to as Vatille. Vatille offers its products through a shopping application on the internet, a so-called webshop.
II.
The buyer is the buyer or customer at Vatille.
III.
Vatille is based on good faith and that they and the customer can and want to serve each other. Vatille conducts business fairly and is committed to reasonableness and fairness at all times.
IV.
An agreement can be an oral (telephone) appointment or by e-mail, Whatsapp or an order in the webshop, without actually being signed by both parties.
1. General
1.1
These general terms and conditions apply to all Vatille offers. The conditions are accessible to everyone and included on the Vatille website.
1.2
By placing an order you indicate that you agree with the delivery and payment conditions. Vatille reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3
Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognised by Vatille.
1.4
Vatille guarantees that the delivered product complies with the agreement and meets the specifications stated in the order confirmation.
2. Delivery
2.1
Delivery takes place while stocks last.
2.2
Under the rules of distance selling, Vatille will execute orders at least within 30 days. If this is not possible (because the ordered is not in stock or no longer available), or there is a delay for other reasons, or an order can not be executed or only partially, the consumer will receive a message within 1 month after placing the order. In that case you have the right to cancel the order without costs and notice of default.
2.3
Vatille’s obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Vatille have been offered to the customer. For home delivery, the carrier’s note serves as proof that the package has or has not been delivered.
2.4
All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
2.5
Vatille ships 3 times a week. Late delivery of a gift is not a reason for crediting the gift and / or delivery costs.
2.6
Vatille is not responsible for late or non-internal forwarding of parcels within, for example, large international groups, hospitals, receptions, companies. And neither for mutual agreements between the delivery service and the recipient.
2.7
If the recipient refuses the package, for whatever reason, the package may be returned by parcel service of your choosing. We will not compensate international shipping costs. Please note that for large concerns, etc., the concern is the recipient and not the contact person.
2.8
Vatille is not responsible for incorrectly entered addresses. If the customer has given an incorrect address, the package can be returned or the box piece will be delivered to the specified address (recipient name and address do not have to match, the specified address is leading). There will be no crediting of the order.
3. Pricing
3.1
Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2
All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3
All prices on the site are in EURO and all the tea includes 9% VAT. Accessories include 21% VAT.
3.4
When using discount codes for payment, Vatille checks whether the discount has been applied correctly and therefore decides whether the discount can be granted. In case of incorrect application, Vatille reserves the right to cancel the order.
4. View period / right of withdrawal
4.1
In the event of a consumer purchase, in accordance with the Distance Selling Act (Dutch article 7: 5 BW), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered items have been delivered. Tea can only be returned when it has not been opened.
If the customer has not returned the goods delivered to Vatille after this period has expired, the purchase is a fact. The customer is obliged, before proceeding to return, to notify Vatille in writing within 14 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. Vatille does not finance the return of the delivered goods, and the risk of returning it is yours. If the package does not arrive at Vatille, and there is no proof of return, the purchase amount will not be returned.
4.2
The goods must be returned in the original, unopened packaging and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. Opened packages are not refunded; opening the packaging means that the customer wishes to keep the product(s). The customer must bear the costs of and the risk for shipping.
4.3
Vatille reserves the right to refuse returned products or to credit only part of the paid amount, if there is a clearly demonstrable suspicion that the product has already been used or the packaging has already been opened, or through the fault of the customer (other than that of Vatille) is damaged.
4.4
If a product is returned that, in the opinion of Vatille, has suffered damage that can be attributed to an act or omission of the customer, Vatille will notify the customer in writing (via e-mail). Vatille reserves the right to withhold the depreciation of the product as a result of this damage from the amount to be refunded to the customer.
4.5
With due observance of the provisions of 4.1, 4.2, 4.3 and 4.4, Vatille will ensure that the full purchase amount, including the calculated shipping costs (for national deliveries only), is refunded to the customer within 30 days after receipt of the return shipment.
5. Execution
Vatille executes the agreement for the delivery of the product to the best of its knowledge and ability.
6. Payment
For the delivery of products, the delivery takes place exclusively in when an order has been paid in advance.
7. Data management
7.1
If you place an order with Vatille, your data will be included in the Vatille customer database. Vatille adheres to the Data Protection Act and will not provide your information to third parties.
7.2
Vatille respects the privacy of the users of the website and ensures confidentiality of your personal information.
7.3
In some cases Vatille uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.
8. Warranty
8.1
Vatille guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and thus guarantees the manufacturer’s warranty of the product delivered to you.
8.2
Vatille’s warranty period corresponds to the manufacturer’s warranty period. However, Vatille is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
8.3
The customer is obliged to check the delivered goods immediately upon arrival. If it appears that the delivered item is incorrect, inadequate or incomplete, the customer must immediately report these defects to Vatille in writing before proceeding to return it to Vatille. Any defects or incorrectly delivered goods must and can be reported to Vatille in writing no later than 14 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.
8.4
If complaints from the customer are found to be well-founded by Vatille, Vatille will at its discretion either replace the goods delivered free of charge or make a written arrangement with the customer regarding compensation, on the understanding that Vatille’s liability and therefore the amount of the compensation are always limited. is up to a maximum of the invoice amount of the relevant goods, or (at Vatille’s option) up to the maximum amount covered by Vatille’s liability insurance in the relevant case. Any liability of Vatille for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit.
8.5
Vatille is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
8.6
This guarantee does not apply if: A) and as long as the customer is in default towards Vatille; B) the customer has repaired and / or processed the delivered goods himself or has them repaired / or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of Vatille and / or instructions on the packaging; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
9. Offers
9.1
Offers are without obligation, unless stated otherwise in the offer.
9.2
Upon acceptance of an offer without obligation by the buyer, Vatille reserves the right to revoke or deviate from the offer within 3 working days of receipt of that acceptance.
9.3
Verbal commitments only bind Vatille after they have been explicitly confirmed in writing.
9.4
Offers from Vatille do not automatically apply to orders that are repeated.
9.5
Vatille cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.
9.6
Additions, changes and / or further agreements are only valid if agreed in writing.
10. Agreement
10.1
An agreement between Vatille and a customer is concluded after an order assignment has been assessed by Vatille for feasibility.
10.2
Vatille reserves the right to not accept orders.
11. Images and specifications
All images; photos, drawings, etc .; including information on weights, dimensions, colors, images of labels, etc. on the website and packaging of Vatille are only approximate, indicative and cannot give rise to compensation or termination of the agreement.
12. Force majeure
12.1
Vatille is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
12.2
Force majeure is any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, malfunctions in the internet and bugs in the system, malfunctions in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and / or manufacturers of Vatille as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
12.3
In the event of force majeure, Vatille reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or partially, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is Vatille obliged to pay any fine or compensation.
12.4
If Vatille has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice separately for the already delivered or the deliverable part and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
13. Liability
Vatille is not liable for damage to objects caused by incorrect use of the products. Read the instructions on the packaging before use and / or consult our website.
14. Retention of title
14.1
Ownership of all goods sold and delivered by Vatille to the customer remains with Vatille as long as the customer has not paid Vatille’s claims under the agreement or previous or later similar agreements, as long as the customer has carried out the work performed or still to be performed under this or similar agreements has not yet paid and as long as the customer has not yet paid Vatille’s claims due to failure to comply with such obligations, including claims with regard to fines, interest and costs, all this as referred to in Article 3:92 BW.
14.2
The goods delivered by Vatille that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
14.3
The customer is not authorized to pledge or encumber in any other way the goods falling under the retention of title.
14.4
The customer gives unconditional and irrevocable permission to Vatille or a third party to be appointed by Vatille to, in all cases in which Vatille wishes to exercise its property rights, to enter all those places where its properties will be located and to take those goods there. .
14.5
If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Vatille of this as soon as may reasonably be expected.
14.6
The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Vatille’s first request.
15. Applicable law / competent court
15.1
Dutch law applies to all agreements.
15.2
Disputes arising from an agreement between Vatille and buyer, which cannot be resolved by mutual agreement, will be dealt with by the competent court in the Amsterdam district, unless Vatille prefers the difference to the competent court in the buyer’s place of residence. subject, and with the exception of those disputes that fall within the competence of the Subdistrict Court.