General Terms and Conditions

Article 1 – Definitions

These terms and conditions first explain the definitions of the following terms.

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

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

Day: calendar day;

Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase of which is spread out over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows 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: a contract whereby, within the framework of a distance sales system organized by the entrepreneur, use is made of one or more means of distance communication until the contract is concluded;

Means of distance communication: any means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.

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

Article 2 – Identity of the entrepreneur

Design & Dine
Rendamentweg 20A
3641 SL Meidrecht
The Netherlands
Info@designdine.com
Chamber of Commerce: 80953220
VAT identification number: NL003510769B29

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and every order placed 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 will be sent free of charge at the consumer's request.
If the distance contract is concluded electronically,
, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions be made available to the consumer by electronic means in such a way that it can be stored by the consumer in an
in a simple manner 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 consumer's request by electronic means or in another manner.

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 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, in whole or in part, null and void or are nullified, the agreement and these terms and conditions will remain in force for the remainder and the relevant provision will be approximated as much as possible in mutual consultation.
Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to
conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to
change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.
consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to 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 which
  actions are required for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and performance of the agreement;
• The period for acceptance of the offer, or the period
  within which the entrepreneur guarantees the price;
• The rate for remote communication if the
  costs of using the technology for distance communication
  are calculated on a basis other than the regular
  basic rate for the means of communication used;
• Whether the agreement will be archived after it has been concluded, and if so,
  how it can be consulted by the consumer;
  The manner in which the consumer, prior to concluding the
  contract, the consumer can check the information provided by him in the context of the contract
  and, if desired, correct it;
• Any other languages in which, in addition to Dutch, the
  contract can be concluded;
• The manner in which the consumer can consult these codes of conduct
• by electronic means; and the minimum duration of the distance contract in the case of a long-term transaction.
  
• Optional: available sizes, colors, types of materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means.
. As long as the 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 will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, rely on the consumer's ability to fulfill his payment obligations, as well as on all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons
not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur's place of business where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply;
c. information about guarantees and existing after-sales service;
d. the information specified 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 terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he shall return the product to the entrepreneur with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days of receipt of the product. The consumer must do so by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified the entrepreneur of his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive
proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion
the agreement. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer.
h. for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant services or leisure activities
to be performed on a specific date or during a specific period;
b. whose delivery has begun with the consumer's express consent before the cooling-off period has expired;
c. relating to betting and lotteries.

Article 9 – The price

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 resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices quoted are
are indicative prices will 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. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect. The prices stated in the offer of 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 10 – 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 reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement.
agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the
consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
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 himself or has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or have been handled carelessly or are in conflict with the instructions of the entrepreneur and/or on the packaging; The defect is the result of normal wear and tear or the nature of the product; The defect is the result of the consumer's use of the product contrary to the instructions of the entrepreneur and/or the instructions on the packaging; The defect is the result of the consumer's failure to comply with the warranty conditions; The defect is the result of the consumer's failure to comply with the warranty conditions; The defect is the result of the consumer's failure to comply with
contrary to the instructions of the entrepreneur and/or on the packaging; The defectiveness is wholly or partly the result of regulations imposed by the government with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the consumer has made known to the company.
With due observance of the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer
delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible,
but no later than 14 days after termination. 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 clearly and
understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense of the entrepreneur. The 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.

Article 12 – Long-term transactions: duration, termination, and renewal

Termination
The consumer may 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 at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month. The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and not be restricted to termination at a specific time or during a specific period;
at least in the same manner in which they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for himself.

Extension
An agreement that is entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer does not terminate this extended agreement by the end of the
month. An agreement that has been entered into for a definite period and that extends
for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three
months if the agreement covers the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically end 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 the agreed duration is extended.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation
of the agreement. The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days of the consumer discovering the defects, in writing and clearly described. Complaints 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 respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – 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 is resident abroad.