Terms and Conditions

Definitions

In these general terms and conditions, the following words have the meaning stated below, unless the context indicates the contrary:

Cooling-off period means the period within which a consumer can exercise his right of withdrawal;

Consumer means the natural person who is not acting for purposes related to his trade, business, craft or profession;

Day means calendar day;

Digital content means data produced and delivered in digital form;

Durable data carrier means any tool - including e-mail - that enables a consumer or Topiká Olijfolie to store information that is personally addressed to him in a manner that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

Right of withdrawal means the option for a consumer to cancel the distance contract within the cooling-off period;

Distance agreement means an agreement concluded between Topiká Olijfolie and a consumer in the context of an organized system for distance selling of products, digital content and/or services whereby exclusive or joint use is made up to and including the conclusion of the agreement. of one or more techniques for remote communication;

Withdrawal form means the form included in the Appendix to these conditions for a consumer to cancel the distance contract within the cooling-off period;

Topiká Olijfolie means the company Topiká Olijfolie, located at Soestdijkseweg Zuid 43, in De Bilt and registered in the Trade Register of the Chamber of Commerce under number 86065947; and
Website means the website of Topiká Olijfolie, being https://topikaolijfolie.nl/.

  1. Applicability
  1. These general terms and conditions apply to every offer from Topiká Olijfolie and to every distance contract concluded between Topiká Olijfolie and a consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, Topiká Olijfolie will indicate before the distance contract is concluded how the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. .
  3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second applies mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.

 

  1. offer
  1. Obvious mistakes or errors in the offer of products, digital content and/or services do not bind Topiká Olijfolie.
  1. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

  1. Agreement
    1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
    2. If the consumer has accepted the offer electronically, Topiká Olijfolie will immediately confirm receipt of acceptance of the offer electronically.
  2. Right of withdrawal
      1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 without giving reasons.
      2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, other than the carrier, has received the product, or:
      3. if the consumer has ordered multiple products in the same order: the day on which the consumer or a third party designated by him, other than the carrier, has received the last product. Topiká Olijfolie may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times;
      4. if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party designated by him, other than the carrier, has received the last shipment or the last part; or
      5. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer or a third party designated by him, other than the carrier, has received the first product.
      6. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for 14 years without giving reasons.
      7. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

      1. Treatment of product during the cooling-off period
      1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
      2. The consumer is liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.

      1. Exercise of the right of withdrawal
      1. If the consumer exercises his right of withdrawal, he must report this to Topiká Olijfolie within the cooling-off period by means of the withdrawal form or in another unambiguous manner.
      2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) Topiká Olijfolie. This is not necessary if Topiká Olijfolie has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
      3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the instructions provided by Topiká Olijfolie.
      4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
      5. Topiká Olive Oil will bear the direct costs of returning the product.
      6. If performance of the service commences during the cooling-off period, the consumer owes an amount that is proportional 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.

      1. Obligations of Topiká Olive Oil in the event of withdrawal
      1. If Topiká Olijfolie enables the notification of withdrawal by the consumer electronically, it will immediately send a confirmation of receipt after receiving this notification.
      2. Topiká Olijfolie will reimburse all payments made by the consumer, including any delivery costs charged by Topiká Olijfolie for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless Topiká Olijfolie offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
      3. Topiká Olijfolie uses the same payment method that the consumer 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, Topiká Olijfolie does not have to reimburse the additional costs for the more expensive method.

      1. Exclude right of withdrawal

       Topiká Olive Oil excludes the following from the right of withdrawal:

      1. 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. Notwithstanding the previous paragraph, Topiká Olijfolie may offer products and/or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
      3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
      4. Price increases from 3 months after the conclusion of the agreement are only permitted if Topiká Olijfolie has stipulated this and:
      5. these are the result of legal regulations or provisions; or
      6. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
      7. The prices stated in the offer of products and/or services include VAT.

      1. Compliance with agreement and additional warranty
      1. Topiká Olijfolie guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
      2. In any case, no claim can be made under paragraph 1 of this article (i) in the event of damage due to intent or negligence, (ii) in the event of normal wear and tear and/or (iii) in the event of damage due to failure or improper taking the instructions for use or instructions for use.
      3. An additional guarantee provided by Topiká Olijfolie's supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Topiká Olijfolie under the agreement if Topiká Olijfolie has failed to fulfill its part of the agreement.
      4. An additional guarantee means any obligation of Topiká Olijfolie, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

      1. Execution of agreement and delivery
      1. Topiká Olijfolie will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
      2. The place of delivery is the address that the consumer has provided to Topiká Olijfolie.
      3. The consumer must provide the correct address and e-mail address to Topiká Olijfolie. Any changes to this must also be communicated to Topiká Olijfolie in a timely manner. If the consumer has provided an incorrect address for delivery, the additional shipping costs will be borne by the consumer.
      4. Delivery takes place while supplies last.
      5. Ownership of delivered products is transferred to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
      6. Topiká Olijfolie will execute accepted orders within 10 days at the latest, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 10 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs.
      7. After dissolution in accordance with the previous paragraph, Topiká Olijfolie will immediately refund the amount paid by the consumer.
      8. The risk of damage and/or loss of products rests with Topiká Olijfolie until the moment of delivery to the consumer or a representative designated in advance and made known to Topiká Olijfolie, unless expressly agreed otherwise.

      1. Payment
      1. Unless otherwise stated in the agreement, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
      2. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to Topiká Olijfolie. Payment orders for giro and banking institutions are at the expense and risk of the person who gives the order (or authorization) for payment.

      1. Accounts and registration
      1. The consumer can create an account or otherwise register on the website. Topiká Olijfolie reserves the right to refuse an application for such a registration or to cancel the registration, for example after discovering irregularities.
      2. The login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of his login details, even if this happens without his knowledge.
      3. The consumer will immediately warn Topiká Olijfolie if he suspects that his login details are known to a third party or if any other irregularities occur.
      4. The consumer is not permitted to request or manage more than one account. The consumer is furthermore not permitted to (re)apply for or manage an account after Topiká Olijfolie has refused the consumer's application for an account or has canceled the consumer's account after registration.

      1. Force majeur

      Topiká Olijfolie and the consumer are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not attributable to its fault, and neither by virtue of the law, a legal act or generally accepted views. comes into account.

      1. Complaints procedure
      1. Topiká Olijfolie has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
      2. Complaints about the execution of the agreement must be submitted fully and clearly described to Topiká Olijfolie as soon as possible after the consumer has discovered the defects.
      3. Complaints submitted to Topiká Olijfolie will be answered within 24 hours from the date of receipt. If a complaint requires a foreseeably longer processing time, Topiká Olijfolie will respond within 24 hours with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

      1. Privacy and security
      1. Topiká Olijfolie respects the customer's privacy. Topiká Olijfolie handles and processes all personal data provided to it in accordance with applicable legislation, in particular the General Data Protection Regulation. The customer consents to this processing. Topiká Olijfolie uses appropriate security measures to protect the customer's personal data.
      2. For more information about privacy, please refer to the Topiká Olijfolie website.

      1. Other
      1. Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into later.
      2. Unless proven otherwise, the administration of Topiká Olijfolie serves as proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as evidence.
      3. Topiká Olijfolie is entitled to transfer the rights and obligations under the agreement with you to a third party by a single notification to you.
      4. If and to the extent that any provision of the general terms and conditions is declared null and void or annulled, the other provisions of these general terms and conditions will remain in full force. Topiká Olijfolie will then establish a new provision to replace the void/nullified provision, whereby the scope of the void/nullified provision will be taken into account as much as possible.

      1. Applicable law

      Agreements, and all non-contractual obligations arising therefrom, between Topiká Olijfolie and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.