GENERAL TERMS AND CONDITIONS
Article 1 - Definitions
In these terms and conditions the following definitions apply:
- Entrepreneur: the natural or legal person who offers products and/or services to clients at a distance;
- Client: the natural person who is acting, whether or not in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Distance contract: the agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, one or more techniques for distance communication are used;
- Grace period: The period within which the client can make use of his right of withdrawal;
- Right of withdrawal: the possibility for the client to waive the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
Article 2 - Identity of the entrepreneur
SMF Media B.V.
Nieuwe Kazernelaan 2 D-41
6711 JC Ede
Telephone: 31 (0)318-493132
VAT nr: NL862881250B01
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the client.
- Before the remote agreement is concluded, the text of these general conditions will be made available to the client. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general conditions are available for inspection at the entrepreneur and that they will be sent free of charge as soon as possible at the client's request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the client electronically in such a way that it can easily be stored by the client on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that, at the client's request, they will be sent electronically or otherwise free of charge.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the client may always invoke the applicable provision that is the most favourable to him.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the client. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer will not bind the entrepreneur.
- Each offer contains such information that it is clear to the client what rights and obligations are attached to accepting the offer. This concerns in particular:
- All prices excluding VAT;
- Any costs of delivery;
- the possible costs of payment;
- the way in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal is applicable;
- The method of payment, delivery or implementation of the agreement;
- the codes of conduct to which the trader is subject and the way in which the client can consult these codes of conduct electronically; and
- The minimum duration of the distance contract in the event of a contract for continuous or periodic delivery of products or services.
Article 5 - The agreement
- The agreement comes into effect, subject to the provisions in paragraph 4, at the time of acceptance by the client of the offer and the fulfilment of the conditions set.
- If the client has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the client may dissolve the agreement.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the client can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may - within legal frameworks - to inform whether the client can meet his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- The entrepreneur will, with the product or service to the client, the following information in writing or in such a way that the client in an accessible manner can be stored on a durable medium, send:
- The visiting address of the Entrepreneur's business establishment where the Client may lodge complaints;
- the conditions on which and the way in which the Client may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the information on existing after-sales services and guarantees;
- the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the client prior to the execution of the agreement;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
- If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Revocation
6a. Right of withdrawal in case of delivery of products
- When purchasing products, the client has the possibility of dissolving the agreement without giving reasons during seven working days. This period commences on the day following receipt of the product by or on behalf of the client.
- During this period the client will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
6b - Right of withdrawal in delivery of services
- When providing services, the client has the possibility of dissolving the contract, without giving reasons, during seven working days, starting on the day of entering into the contract.
- To make use of his right of withdrawal, the client will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.
6c - Costs in case of withdrawal
- If the client makes use of his right of withdrawal, he will be responsible for the costs of return shipment.
- If the client has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
6d - Exclusion of the right of withdrawal
- If the client does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur clearly in the offer, at least in time for the conclusion of the agreement, has stated.
- Exclusion of the right of withdrawal is only possible for products
- that have been created by the entrepreneur in accordance with the specifications of the client;
- That are clearly personal in nature;
- That cannot be returned due to their nature;
- That spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For individual newspapers and magazines;
- For audio and video recordings and computer software of which the client has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- Of which the delivery has started with the express consent of the client before the cooling-off period has expired;
- concerning betting and lotteries.
- Services and products where Shoot My food B.V. only acts as intermediary or agent. In that case the General Conditions of the entrepreneur for whom Shoot My food B.V. acts as an intermediary apply.
Article 7 - The price
- During the validity period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
- The prices mentioned in the offer of products or services are exclusive of VAT.
- All prices on the site are subject to printing and typesetting errors. For the consequences of misprints no liability is accepted.
Article 8 - Compliance and Warranty
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
- An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the client may exercise against the trader in respect of a shortcoming in the fulfilment of the obligations of the trader under the law and/or the distance contract.
Article 9 - Delivery and execution
- The entrepreneur will take the utmost care in receiving and carrying out orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the client has made known to the company.
- Subject to what is stated in Article 4 of these general conditions, the company will execute accepted orders expeditiously but not later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the client will be informed about this at the latest one month after he has placed the order. In that case, the client has the right to dissolve the agreement without costs and the right to possible compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the client as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of return shipment shall be borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the client, unless expressly agreed otherwise.
Article 10 - Extended duration transactions
- The client may terminate an agreement entered into for an indefinite period of time with due regard for the agreed termination rules and a maximum notice period of one month.
- An agreement entered into for a definite period has a maximum term of three years. If it is agreed that in case of silence of the client the agreement at a distance will be extended, the agreement will be continued as an agreement for an indefinite period of time and the notice period after continuation of the agreement will be maximum one month.
Article 11 - Payment
- Insofar as not subsequently agreed, the amounts owed by the client must be paid within 14 days after delivery of the goods or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the client may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- The client has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
- In case of non-payment by the client, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously announced to the client.
Article 12 - Complaints
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted within a reasonable time, fully and clearly described to the entrepreneur, after the client has found the defects.
Article 13 - Additional or different provisions
- Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the client and must be recorded in writing or in such a way that they can be stored by the client in an accessible manner on a durable data carrier.
Article 14 - Events and ticket sales
- Food Inspiration reserves the right to limit the number of tickets per buyer. The maximum number of tickets is determined per event.
- Payment for the ticket should be made before the start of the event. Food Inspiration may ask for immediate payment when no payment has been made.
- When a ticket is ordered where payment is made by invoice then it must be paid within 14 days.
- Food Inspiration has the right to cancel a ticket if payment obligations are not met.
- Food Inspiration has the right to cancel the event with immediate effect without refund.
- When someone is not able to attend the event it is possible to change the name on the ticket.
- When someone is not able to attend an event there is no possibility for a refund of the ticket.
- Food Inspiration reserves the right to cancel an event in case of an epidemic, pandemic or contagious disease (both national and international) or when the health and / or safety of our members can not be guaranteed in any other way.
- All (intellectual) property rights concerning now and the logo of Foodinspiration.nl and Shootmyfood.nl, including in any case the trademark rights, are held exclusively by Food Inspiration (part of SMF Media B.V.) (hereinafter jointly referred to as: "Food Inspiration"). Food Inspiration reserves these rights explicitly.
- The (copyright) rights relating to the format and content of this website (including data, images, sounds, text and other information) shall belong exclusively to Food Inspiration and / or its licensors. The content of this website may only be used for personal use. Without prior written permission of Food Inspiration is not permitted, inter alia, the content of this website or any part thereof, to transmit, distribute or make available to third parties for payment, except to the extent strictly necessary to use this website.
- Food Inspiration has the right, but not the obligation, to deny access to information or to remove information from this website if, in the sole opinion of Food Inspiration, there is (possible) infringement of the rights of third parties.
- Food Inspiration also has the right - unless otherwise agreed with the author - to shorten submitted material and / or modify. This applies to text, music and images.