Terms of service

Article 1 - Definitions

Cooling-off period: the period within which the consumer may exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a manner that allows for future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: an agreement in which, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, exclusively one or more techniques for distance communication are used up to and including the conclusion of the agreement;

Technique for distance communication: means that can be used to conclude an agreement without the consumer and the entrepreneur being simultaneously present in the same space.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Company Details

Company Name: Franse Patisserie Tillburg

Contact Address: Box C8312, Zinkstraat 24, 4823 AD Breda, Netherlands

Email Address: fransepatisserietilburg@outlook.com

Chamber of Commerce Number: 986 632 91

VAT Identification Number: NL 00 534 569 4 B51

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If 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 may be made available to the consumer electronically in such a manner that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

By accepting an offer or placing an order, the customer of Franse Patisserie Tilburg indicates acceptance of these terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors and shapes correspond exactly to the actual colors and shapes of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the manner in which the agreement will be concluded and the actions required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the agreement;

the time limit for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used;

whether the agreement is archived after conclusion, and if so, in what manner it can be consulted by the consumer;

the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;

any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a continuous transaction.

the available flavors.

Offers made by and prices of Franse Patisserie Tilburg are without obligation. Franse Patisserie Tilburg accepts no liability for typographical or printing errors. Franse Patisserie Tilburg reserves the right to pass on changes in cost prices, exchange rates, or (legal) regulations with immediate effect. All applicable prices are always inclusive of VAT and exclusive of order and shipping costs, any taxes, or other levies, unless otherwise stated or agreed in writing.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

The entrepreneur may—within legal frameworks—confirm whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application with justification or to attach special conditions to its execution. The entrepreneur shall accompany the product or service to the consumer with the following information, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable data carrier:

a. the visiting address of the entrepreneur's establishment where the consumer can submit complaints;

b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information regarding warranties and existing after-purchase service;

d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Due to the nature of our fresh and perishable products, the right of withdrawal does not apply. Therefore, it is not possible to return products.

Article 7 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are subject to fluctuations in the financial market and the entrepreneur has no influence over them. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of statutory regulations or provisions; or

b. the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

The prices stated in the offer for products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 8 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not detract from the statutory rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the instructions of the entrepreneur and/or those on the packaging;

The defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 9 - Delivery and execution

We will deliver on the agreed date and time. The customer is responsible for correctly providing address details.

All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered.

Unless expressly agreed otherwise, the risk of damage to and/or loss of the products remains with the contractor until the products are handed over directly to the consumer.

As soon as the products have been handed over to the consumer, the risk of damage to and/or loss passes to the consumer.

Article 10 - Liability

We are not liable for damage caused by misuse or improper storage of products.

Article 11 - Long-term transactions: duration, termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of at most one month.

The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of at most one month.

The consumer may terminate the agreements mentioned 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 manner as they were entered into by him;

always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension

An agreement entered into for a fixed term and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.

Notwithstanding the previous paragraph, an agreement entered into for a fixed term and which provides for the regular delivery of daily newspapers, news magazines, weekly newspapers and periodicals may be tacitly extended for a fixed duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.

An agreement entered into for a fixed term and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of at most one month, and a notice period of at most three months in the event that the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news magazines, weekly newspapers and periodicals. An agreement of limited duration for the regular delivery of daily newspapers, news magazines, weekly newspapers, and periodicals for introductory purposes (trial or introductory subscription) is not tacitly renewed and terminates automatically at the end of the trial or introductory period.

Duration

If 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 preclude termination before the end of the agreed duration.

Article 12 - Payment

Orders are confirmed upon payment. Payment is made via the payment methods offered on the website (iDeal, online payment, or debit card).

In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement, in which case payment is due within 7 days.

The consumer has the duty to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously disclosed to the consumer.

Article 13 - Complaints Procedure

The customer is obliged to inspect the goods immediately upon collection or delivery. Complaints must be submitted in writing—or by e-mail—to Franse Patisserie Tilburg within one day after the time of delivery of the goods, under penalty of forfeiture of all rights, specifying the nature of the complaints regarding the delivered goods. However, shortages and defects visible upon delivery must be reported to Franse Patisserie Tilburg within 6 hours after delivery, under penalty of forfeiture of all rights arising therefrom.

Article 14 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 15 - Supplementary or deviating provisions

The right of withdrawal does not apply to the entire range of French Patisserie Tilburg.

Article 16 - Allergens

Our products are prepared using traditional methods in a kitchen where gluten, milk, eggs, nuts, soy, and other allergens are used.

Despite careful preparation, traces of allergens may be present.

The most important allergens are listed on the product pages. Please feel free to contact us regarding any questions or specific allergies.

Allergens: wheat (gluten), egg, milk, nuts