Terms and Conditions

General Terms and Conditions

General Terms and Conditions (https://dasfarinas.de/)

These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumer Protection Agency within the framework of the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council and enter into force on June 1, 2014.

These General Terms and Conditions apply to all members of Stichting Webshop Keurmerk, with the exception of financial services within the meaning of the Financial Supervision Act and to the extent that these services are subject to the supervision of the Dutch Authority for the Financial Markets.

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Contract
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer during the Reflection Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs
Article 9 – Obligations of the Entrepreneur in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance of the Contract and Additional Guarantees
Article 13 – Delivery and Performance
Article 14 – Continuing Obligations: Duration, Termination and Extension
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Industry Warranty
Article 19 – Additional or Deviating Provisions
Article 20 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement whereby the consumer purchases products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are delivered by the entrepreneur or a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal (14 days);
Consumer: (Natural person (Individual customer));
Right of withdrawal: (14 days);
Entrepreneur: (dasfarinas.de);
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services.

Article 2 – Identity of the entrepreneur

Company name: (dasfarinas.de)
Street and house number: (Goudsesingel 103-105 3031EE Rotterdam Netherlands)
Postal code and city: (Goudsesingel 103-105 3031EE Rotterdam, Netherlands)
Country: Netherlands
Company registration number: (91780756)
VAT identification number: (NL865767920B01)
Email: (support@turor.nl)
Telephone number: (+(31) 020 809 5362)

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 consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer provided. If this is not reasonably possible, the entrepreneur will indicate before the conclusion of the distance contract how the general terms and conditions can be inspected at the entrepreneur’s premises and that, at the consumer’s request, they will be sent free of charge as soon as possible.
If the distance contract is concluded electronically, by way of derogation from 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 way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or by other means free of charge.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly. In the case In the event of conflicting terms and conditions, the consumer can always rely on the most favorable applicable provision.

Article 4 – The Offer

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

The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these must be a faithful representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.

Every offer contains such information that the consumer is clear about the rights and obligations associated with accepting the offer.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may, within the legal framework, obtain information about the consumer’s ability to meet his payment obligations, as well as about all facts and factors relevant to entering into a distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to its execution.
No later than upon delivery of the product, service, or digital content, the entrepreneur shall provide the consumer with the following information, in writing or in a manner accessible to the consumer:
- The address of the entrepreneur’s establishment to which the consumer can address complaints: (Goudsesingel 103-105 3031EE Rotterdam, Netherlands)
- The conditions and manner in which the consumer can exercise his right of withdrawal: (14 days)
- Information about guarantees and existing services after purchase: (2 years)
- The price including all taxes for the product, service, or digital content; if applicable, delivery costs: (€6.90)
- The method of payment, delivery, and performance of the distance contract
- The requirements for terminating the contract if the contract has a term of more than one year or is concluded for an indefinite period.
- If the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing obligation, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer may terminate a contract for the purchase of a product during a cooling-off period of at least (14 days) without giving any reason.
The entrepreneur may ask the consumer for the reason for the withdrawal, but is not obliged to state his reasons.
The cooling-off period begins the day after the consumer or a third party other than the carrier designated by the consumer has received the product.

For services and digital content not supplied on a tangible medium:

The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason.
The trader may ask the consumer for the reason for the withdrawal, but may not oblige the consumer to state his or her reasons.
The reflection period begins on the day following the conclusion of the contract.

Extended reflection period:

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the expiry of the original period of reflection.
If the entrepreneur provides this information within of twelve months after the start of the original cooling-off period, the cooling-off period ends (14 days) after the consumer has received this information.

Article 7 – Consumer Obligations during the Cooling-off Period

During the cooling-off period, the consumer should handle the product and its packaging with care. The consumer should only unpack or use the product to the extent necessary to determine its nature, properties, and functioning.
The consumer is only liable for any reduction in the value of the product resulting from handling of the product that goes beyond what is necessary.
The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period using the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following this notification, the consumer shall return the product or hand it over to the entrepreneur (or an authorized representative). The consumer has complied with the return deadline if they return the product before the end of the cooling-off period.
The consumer shall return the product with all supplied accessories, if reasonably possible, in its original condition and packaging.
The risk and burden of proof for a correct and timely exercise of the right of withdrawal rest with the consumer.
The consumer shall bear the direct costs of returning the product, unless the trader declares that he will bear these costs himself: (€-).
If the consumer exercises his right of withdrawal, all supplementary agreements shall be automatically dissolved.

Article 9 – Obligations of the trader in case of withdrawal

If the trader enables the consumer to send the notification of withdrawal electronically, he shall confirm receipt immediately upon receipt of this notification.
The trader shall reimburse all payments made by the consumer, including any delivery costs, within of (14 days) after receipt of the cancellation notice.
The entrepreneur may refuse to refund until he has received the product back or until the consumer provides evidence that he has returned the product.
The refund will be made using the same means of payment that the consumer used, unless otherwise agreed.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude certain products and services from the right of withdrawal, provided this is clearly stated in advance. This applies, among other things, to:

Products or services whose price is subject to fluctuations in the financial market.
Contracts concluded during a public auction.
Service contracts after the full performance of the service.
Custom-made or personalized products.
Products that perish quickly or have a limited shelf life.
Sealed products that cannot be returned for hygiene reasons if the seal is broken.
Digital content that is not supplied on a tangible medium and whose performance has begun with the consumer’s consent.

Article 11 – The Price

During the validity period stated in the offer, prices remain stable, except in the event of changes in VAT rates.
Price increases within 3 months of the conclusion of the contract are only permitted if they are required by law.
Price increases after 3 months are only permitted if the consumer has the right to terminate the contract.
All prices quoted are inclusive of VAT and in the standard currency: (EUR (€)).

Article 12 – Performance of the contract and additional guarantees

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer and the reasonable requirements of reliability and usability.
A guarantee provided by the entrepreneur or a supplier does not affect the statutory rights of the consumer.
Any additional guarantee obligation of the entrepreneur that goes beyond the statutory obligations.
The warranty period is: (2 years).

Article 13 – Delivery and Execution

The entrepreneur will exercise the greatest possible care in accepting and executing orders.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
Accepted orders will be executed within 30 days, unless a different delivery period has been agreed.
If there are delays in delivery, the consumer will be notified within 30 days and has the right to terminate the contract free of charge.
The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer.

Article 14 – Continuing obligations: duration, termination and Extension

Termination:

The consumer may terminate a contract for an indefinite period with a notice period of no more than one month.
A contract for a fixed term may be terminated towards the end of the term with a notice period of no more than one month.
The consumer may terminate the contract at any time without being bound to a specific period.

Extension:

A contract for a fixed term may not be tacitly renewed, except in special cases such as daily, news, and weekly newspapers with a maximum term of three months.
Tacit renewal for an indefinite period is only permitted if the consumer may terminate the contract at any time with a notice period of no more than one month.

Duration:

If a contract is valid for more than one year lasts, the consumer may terminate it after one year with a notice period of no more than one month.

Article 15 – Payment

The consumer must pay the amounts owed within 14 days of the start of the cooling-off period.
An advance payment may never exceed 50%, unless otherwise agreed.
The consumer must immediately report any inaccuracies in the payment details to the entrepreneur.
In case of late payment, the entrepreneur may charge statutory interest and collection costs.

Article 16 – Complaints procedure

The entrepreneur has a complaints procedure and handles complaints in accordance with this procedure.
Complaints must be submitted within a reasonable time and fully described.
The entrepreneur will respond to submitted Complaints.
If a complaint is not resolved within 3 months, a dispute arises, which is subject to the dispute resolution process.
In the event of a complaint, the consumer must first contact the trader. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved amicably, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which mediates free of charge. Check whether this webshop has a current membership at https://www.webwinkelkeur.nl/leden/. If no solution is found, the consumer has the option of having their complaint handled by WebwinkelKeur’s independent dispute resolution committee, whose decision is binding and accepted by both the trader and the consumer. The decision is binding, and both the trader and the consumer accept this binding decision. Filing a dispute with this dispute resolution body is subject to fees, which the consumer must pay to the competent body.
Complaints can also be submitted using the complaint form on the consumer page of (https://dasfarinas.de/).
Complaints can be contacted via: (support@turor.nl).

Article 17 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Disputes concerning the formation or performance of contracts can be submitted to the Geschillencommissie Webshop, Postbus 90600, 2509 LP The Hague.
A dispute will only be considered if the consumer has first submitted their complaint to the entrepreneur within a reasonable period of time.
No later than twelve months Once a dispute arises, it must be submitted in writing to the Dispute Resolution Committee.
If the consumer wishes to submit a dispute to the Dispute Resolution Committee, the entrepreneur is bound by this choice.
The Dispute Commission issues a binding judgment in accordance with its regulations (View regulations).
If the entrepreneur is insolvent or has ceased business activities, the Dispute Commission will not continue the proceedings.
In disputes relating to distance contracts, the Dispute Commission Stichting Webshop Keurmerk is competent.

Article 18 – Industry Guarantee

The Stichting Webshop Keurmerk guarantees the compliance of its members with binding decisions of the Dispute Commission.
If a member fails to implement a binding decision, the Stichting Webshop Keurmerk will pay the consumer a maximum of €10,000 per binding decision.
For amounts exceeding €10,000, the Foundation is obliged to make every effort to ensure the implementation of the decision.
To invoke this guarantee, the consumer must submit a written request to Stichting Webshop Keurmerk and assign their claim.

Article 19 – Additional or Deviating Provisions

Additional or deviating provisions may not be to the detriment of the consumer.
These provisions must be recorded in writing or made available on a durable medium.

Article 20 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

Stichting Webshop Keurmerk will not amend these General Terms and Conditions without consulting the Consumer Association.
Amendments will only take effect after its publication, whereby the provision most favorable to the consumer prevails.

Address of the Stichting Webshop Keurmerk:

Street and house number: (Goudsesingel 103-105 3031EE Rotterdam, Netherlands)
Postal code and city: (Goudsesingel 103-105 3031EE Rotterdam, Netherlands)