{"id":63,"date":"2022-01-25T11:26:41","date_gmt":"2022-01-25T11:26:41","guid":{"rendered":"https:\/\/farmerslabel.com\/?page_id=63"},"modified":"2022-01-25T11:26:42","modified_gmt":"2022-01-25T11:26:42","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/farmerslabel.com\/index.php\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n
INDEX\r\n\r\nArticle 1 \u2013 Definitions\r\n\r\nArticle 2 \u2013 Identity of the entrepreneur\r\n\r\nArticle 3 \u2013 Applicability\r\n\r\nArticle 4 \u2013 The offer\r\n\r\nArticle 5 \u2013 The agreement\r\n\r\nArticle 6 \u2013 Right of withdrawal\r\n\r\nArticle 7 \u2013 Obligations of the consumer during the reflection period\r\n\r\nArticle 8 \u2013 Exercise of the right of withdrawal by the consumer and costs thereof\r\n\r\nArticle 9 \u2013 Obligations of the entrepreneur in the event of withdrawal\r\n\r\nArticle 10 \u2013 Exclusion right of withdrawal\r\n\r\nArticle 11 \u2013 The price\r\n\r\nArticle 12 \u2013 Compliance and extra guarantee\r\n\r\nArticle 13 \u2013 Delivery and execution\r\n\r\nArticle 14 \u2013 Duration transactions: duration, cancellation and extension\r\n\r\nArticle 15 \u2013 Payment\r\n\r\nArticle 16 \u2013 Complaints procedure\r\n\r\nArticle 17 \u2013 Disputes\r\n\r\nArticle 18 \u2013 Additional or different provisions\n\nARTICLE 1 \u2013 DEFINITIONS\r\n\r\nIn these terms and conditions the following definitions apply:\r\n\r\nAdditional agreement: an agreement whereby the consumer acquires products, digital content and\/or services in connection with a distance contract and these items, digital content and\/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;\r\nReflection period: the period within which the consumer can make use of his right of withdrawal;\r\nConsumer: the natural person who does not act for purposes related to his trade, business, craft or profession;\r\nDay: calendar day;\r\nDigital content: data produced and delivered in digital form;\r\nDuration agreement: an agreement that extends to the regular delivery of goods, services and\/or digital content during a certain period;\r\nDurable data carrier: any tool \u2013 including e-mail \u2013 that enables the consumer or entrepreneur to store information that is personally addressed to him or her in a manner that prevents future consultation or use during a period that is tailored to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;\r\nRight of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;\r\nEntrepreneur: the natural or legal person who offers products, (access to) digital content and\/or services to consumers at a distance;\r\nDistance contract: an agreement concluded between the entrepreneur and the consumer within the framework 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. uses one or more techniques for remote communication;\r\nModel withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;\r\nTechnique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.\r\n\r\nARTICLE 2 \u2013 IDENTITY OF THE ENTREPRENEUR\r\n\r\nIris Garritsen, Farmer label\r\n\r\nKruisbrinkseweg 7 7227DA Toldijk\r\n\r\ninfo@boerenlabel.nl\r\n\r\nChamber of Commerce number: 64922375\r\n\r\nVAT identification number: NL806787363B01\n\nARTICLE 3 \u2013 APPLICABILITY\r\n\r\nThese general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.\r\nBefore 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 viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.\r\nIf the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored 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 consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.\r\nIn the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .\r\n\r\nARTICLE 4 \u2013 THE OFFER\r\n\r\nIf an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.\r\nThe offer contains a complete and accurate description of the products, digital content and\/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and\/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.\r\nEach offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.\n\nARTICLE 5 \u2013 THE AGREEMENT\r\n\r\nSubject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.\r\nIf the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.\r\nIf the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.\r\nWithin legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.\r\nThe entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier: - the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; - the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; - the information about guarantees and existing after-sales service;\u2013 the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract; \u2013 the requirements for terminating the contract if the contract has a duration of more than one year or is of an indefinite duration; \u2013 if the consumer has a right of withdrawal, the model form for revocation. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.\n\nARTICLE 6 \u2013 RIGHT OF WITHDRAWAL\r\n\r\nFor products:\r\n\r\nThe consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days. The entrepreneur may ask the consumer for the reason for withdrawal.\r\nThe reflection period referred to in paragraph 1 starts 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: - if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times. - if the delivery of a product consists of different shipments or parts: the day on which the consumer , or a third party designated by him, has received the last shipment or the last part; - 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, has received the first product.\r\nFor services and digital content that is not provided on a tangible medium:\r\n\r\nThe consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days. The entrepreneur may ask the consumer for the reason for withdrawal.\r\nThe reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.\r\nExtended cooling-off period for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal:\r\n\r\nIf the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.\r\nIf the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.\n\nARTICLE 7 \u2013 OBLIGATIONS OF THE CONSUMER DURING THE CHANGEOVER TIME\r\n\r\nDuring 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 functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store.\r\nThe 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.\r\nThe consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.\n\nARTICLE 8 \u2013 EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMERS AND THEIR EXPENSES\r\n\r\nIf the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.\r\nAs 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. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.\r\nThe consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.\r\nThe risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.\r\nThe consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.\r\nIf the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur a amount due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of revocation, compared to the full fulfillment of the obligation.\nThe consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if: - the entrepreneur provides the consumer with the legally required has not provided information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;\r\nThe consumer does not bear any costs for the full or partial delivery of digital content not delivered on a material carrier, if: - he has not expressly agreed prior to the delivery to start the fulfillment of the agreement before the end of the reflection period; - he has not acknowledged that he will lose his right of withdrawal when granting his consent; or\u2013 the entrepreneur has failed to confirm this statement from the consumer.\r\nIf the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.\n\nARTICLE 9 - OBLIGATIONS OF THE ENTREPRENEUR IN THE EVENT OF WITHDRAWAL\r\n\r\nIf the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.\r\nThe 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 the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.\r\nThe entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.\r\nIf the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.\n\nARTICLE 10 \u2013 EXCLUSION OF THE RIGHT OF WITHDRAWAL\r\n\r\nThe entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:\r\n\r\nProducts or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;\r\nAgreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and\/or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present 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;\r\nService agreements, after full performance of the service, but only if:- the performance has started with the express prior consent of the consumer; and- the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;\n\nARTICLE 11 \u2013 THE PRICE\r\n\r\nDuring 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.\r\nContrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.\r\nPrice increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.\r\nPrice increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:\r\nthey are the result of statutory regulations or provisions; or\r\nthe consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.\r\nThe prices stated in the offer of products or services include VAT.\n\nARTICLE 12 \u2013 PERFORMANCE OF AGREEMENT AND ADDITIONAL WARRANTY\r\n\r\nThe entrepreneur 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.\r\nAn extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.\r\nAn extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .\r\nIf the consumer has not received such a delivery completely or damaged, this must be reported to the entrepreneur within 3 days. Within this period, the entrepreneur is obliged to come to a solution with the consumer.\n\nARTICLE 13 \u2013 DELIVERY AND PERFORMANCE\r\n\r\nThe entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.\r\nThe place of delivery is the address that the consumer has made known to the entrepreneur.\r\nWith due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders within 30 days at the latest, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified 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.\r\nAfter dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.\r\nThe 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.\n\nARTICLE 14 \u2013 DURATION TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION\r\n\r\nCancellation:\r\n\r\nThe consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.\r\nThe consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, subject to the agreed cancellation rules and a notice period of at least maximum one month.\r\nThe consumer can terminate the agreements referred to in the previous paragraphs: - at any time and not be limited to termination at a specific time or in a specific period; - at least terminate in the same way as they were entered into by him; - always terminate with the same notice period if the entrepreneur has stipulated for himself.\r\nExtension:\r\n\r\nAn agreement entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.\r\nNotwithstanding the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer opposes this extended contract. can cancel the end of the extension with a notice period of no more than one month.\r\nAn agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.\r\nAn agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.\n\nDuration:\r\n\r\nIf an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.\r\n\r\nARTICLE 15 \u2013 PAYMENT\r\n\r\nInsofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of 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.\r\nThe consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.\r\nIf 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 If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to \u20ac 2,500; 10% on the next \u20ac 2,500 and 5% on the next \u20ac 5,000 with a minimum of \u20ac 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.\n\nARTICLE 16 \u2013 COMPLAINTS PROCEDURE\r\n\r\nThe entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.\r\nComplaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.\r\nComplaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.\r\nThe consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.\r\n\r\nARTICLE 17 \u2013 DISPUTES\r\n\r\nOnly Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.\n\nARTICLE 18 \u2013 ADDITIONAL OR DIFFERENT PROVISIONS\r\n\r\nAdditional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.<\/pre>\n","protected":false},"excerpt":{"rendered":"
INDEX Article 1 \u2013 Definitions Article 2 \u2013 Identity of the entrepreneur Article 3 \u2013 Applicability Article 4 \u2013 The offer Article 5 \u2013 The agreement Article 6 \u2013 Right of withdrawal Article 7 \u2013 Obligations of the consumer during the reflection period Article 8 \u2013 Exercise of the right of withdrawal by the consumer … <\/p>\n
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