Article 1 -Identity of the Entrepreneur
De Vergeten Appel, sole proprietorship;
Noorwitsstraat 5, 5041LP Tilburg
Telephone: 06 42677053
Chamber of Commerce number: 66129389
VAT identification number: NL.1630.02.149.B02
Account number: NL95ABNA0813285747
Article 2 – Applicability
2.1 These General Terms and Conditions of Sale (hereafter: Conditions) apply to all offers, orders and agreements of DE VERGETEN APPEL.
2.2 Before the contract is concluded, the text of these terms and conditions will be made available electronically to the consumer. If this is not reasonably possible, before contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
2.3 These terms and conditions apply to all legal relationships between DE VERGETEN APPEL and the consumer, including any offer, quotation and agreement between DE VERGETEN APPEL and the consumer to which DE VERGETEN APPEL has declared these conditions applicable, in so far as these terms and conditions are not expressly agreed by the parties. and deviated in writing.
2.4 Any deviations from these general terms and conditions are only valid if agreed expressly in writing, in which case the other provisions will remain in full force.
2.5 These conditions also apply to all agreements with the consumer, for the execution of which third parties must be involved.
2.6 The placing of an order means that you accept the applicability of these conditions unconditionally.
Article 3 – The Offer
3.1 All offers made by DE VERGETEN APPEL are free of obligation and DE VERGETEN APPEL expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations, or if publication and / or or printing errors.
3.2 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
3.3 The offer contains a complete and accurate description of the offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. The images of the products are a truthful representation. Obvious mistakes or obvious errors in the offer DO NOT bind DE VERGETEN APPEL.
3.4 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:
a. the price including taxes; the possible costs of delivery;
b. the manner in which the agreement will be concluded and which actions are necessary for this;
c. whether or not the right of withdrawal is applicable;
d. the method of payment, delivery and execution of the agreement;
e. the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him in the context of the agreement and repair it if necessary;
Article 4 – The Agreement
4.1 An agreement is only concluded after acceptance of your order by DE VERGETEN APPEL. DE VERGETEN APPEL is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly provided otherwise.
4.2 If the consumer has accepted the offer electronically, DE VERGETEN APPEL will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by DE VERGETEN APPEL, the consumer can dissolve the agreement.
4.3 The agreement is archived after the creation.
4.4 DE VERGETEN APPEL has the following information publicly available on the site for consultation:
a. the contact information where the consumer can go with questions or complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal;
c. the payment options and delivery conditions.
Article 5 – Rates And Payments
5.1 The prices stated for the offered products and services are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
5.2 Unless otherwise agreed, the amounts owed by the consumer must be paid immediately via the payment option on the website, or in cash or with (mobile) pin with immediate delivery.
5.3 If the payment is made electronically, appropriate technical and organizational measures have been taken to protect the electronic transfer of data and a secure web environment is provided. If the consumer can pay electronically, appropriate security measures will be taken into account.
5.4 If the payment term is exceeded, you will be in default from the day that payment should have been made and you will be charged a default interest of 1% per month or part of that day. one month due on the outstanding amount. If payment is made after a reminder by THE FORGOTTEN APPEL you will owe an administration fee of fifteen euros (€ 15.00) and if THE FORGOTTEN APPEL outsources its claim for collection, you will also be charged the collection costs.
5.5 If you pay with any payment in DE VERGETEN APPEL has the right to suspend the performance of the relevant agreement and related agreements without notice of default, without dissolving its rights.
5.6 In the event of default by the consumer, DE VERGETEN APPEL has legal restrictions , the right to charge the reasonable costs made known to the consumer in advance.
5.7 The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur immediately.
Article 6 – Delivery
6.1 DE VERGETEN APPEL shall be the largest take due care when receiving and implementing best lling of products.
6.2 The place of delivery is the address that the consumer has made known to the company.
6.3 The delivery times stated by DE VERGETEN APPEL are only indicative. Exceeding any delivery term does not entitle you to compensation, nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you can not reasonably be required to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as necessary.
6.4 The risk of damage and / or loss of products rests with DE VERGETEN APPEL until the time of delivery to the consumer or a pre-designated and representative made known to DE VERGETEN APPEL, unless explicitly agreed otherwise.
Article 7 – Retention of title
7.1 The ownership of the delivered products will only pass if you have paid all that you owe to DE VERGETEN APPEL pursuant to any agreement. The risk with regard to the products already passes to you at the time of receipt.
Article 8 – Right of withdrawal and liability
8.1 You have the obligation to check on delivery whether the products meet the agreement. If this is not the case, you must inform DE VERGETEN APPEL as soon as possible and in any case within five working days after the delivery, in writing and with motivation. If it is shown that the products do not comply with the agreement, THE VERGETEN APPEL has the choice to replace the products concerned with new products or to refund the invoice value thereof.
8.2 When purchasing products, the consumer has the possibility to terminate the agreement to dissolve without giving reasons for 14 days. This approval period commences on the day following receipt of the product by the consumer or his representative.
8.3 During the trial period, the consumer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. Open bottles are not covered by careful use and will not be returned. If he makes use of his right of withdrawal, he will return the product to the entrepreneur in its original condition and packaging. If the consumer makes use of his right of withdrawal, the costs of returning the goods are also the additional shipping costs chosen by the consumer other than the standard shipping costs. When returning products, any payment arrangements will automatically lapse.
8.4 If the consumer has paid, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
Article 9. Orders / Communication
9.1 For mutilations, delays or inadequate delivery of orders and announcements as a result of the use of the Internet or any other means of communication in traffic between you and DE VERGETEN APPEL, or between DE VERGETEN APPEL and third parties, insofar as they relate to the relationship between you and DE VERGETEN APPEL, DE VERGETEN APPEL is not liable, unless and insofar as there is intent or gross negligence of DE VERGETEN APPEL.
Article 10. Force majeure
10.1 Without prejudice to the other rights it is entitled to, DE VERGETEN APPEL has the right, in case of force majeure, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, without DE VERGETEN APPEL is liable for any compensation, unless in the circumstances, this would be unacceptable by standards of reasonableness and fairness.
10.2 Force majeure means in these general terms and conditions in addition to what is understood in the law and case law, all external causes, foreseen or not foreseen, on which DE VERGETEN APPEL can not exert influence, but as a result of which DE VERGETEN APPEL is not capable of to fulfill the obligations.
Article 11. Conformity and Warranty
11.1 DE VERGETEN APPEL guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability and the legal provisions and government regulations existing on the date of the conclusion of the agreement.
11.2 A guarantee provided by DE FORGOTTEN APPLE, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Article 12. Miscellaneous
12.1 If you inform DE VERGETEN APPEL in writing of an address, DE VERGETEN APPEL is entitled to send all orders to that address, unless you inform DE VERGETEN APPEL in writing of another address to which your orders should be sent.
12.2 If DE VERGETEN APPEL allows deviations from these conditions, whether or not tacitly, for a short or longer period, this shall not affect its right to demand immediate and strict compliance with these conditions. You can never assert any right on the grounds that THE FORGOTTEN APPLE applies these conditions smoothly.
12.3 DE VERGETEN APPEL is authorized to use third parties in the execution of your order (s).
12.4 DE VERGETEN APPEL reserves the right to change these terms and conditions at any time.
Article 13. Additional Or Different Provisions
Additional provisions or deviating from these 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 medium.
Article 14. Complaints procedure
14.1 DE VERGETEN APPEL has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
14.2 Complaints about the execution of the agreement must be submitted to DE GEGETEN APPEL within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
14.3 Complaints submitted to DE VERGETEN APPEL will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, DE VERGETEN APPEL will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
14.4 If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution.
Article 15. Applicable Law And Competent Judge
All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these conditions, are exclusively governed by Dutch law.
Article 16. Location
16.1 These terms and conditions have been filed with the Chamber of Commerce on 25-07-2016
16.2 Applicable is always the last deposited version or the version that applied at the time of the conclusion of the agreement.
DE VERGETEN APPEL
DE VERGETEN APPEL respects the privacy of its customers and ensures that your data is treated in confidence. DE VERGETEN APPEL will save and use your personal data relating to your order. By using this data, the ordering process can be done faster and easier. By signing up for the newsletter, you automatically grant permission to DE VERGETEN APPEL to store your personal details and e-mail address. DE VERGETEN APPEL uses this information to inform you about, among other things, promotions, offers and tastings. Your data will not be provided to third parties, unless this is necessary for the execution of your order, or on the basis of a statutory regulation.
No rights can be derived or claimed on the contents of this website in any way. Although the greatest possible care is exercised in the composition of the content of this internet site, there is the possibility that certain information (after a period of time) is out of date or not (no longer) correct.
DE VERGETEN APPEL is not liable for any damage that may result from the use of data from the site created by DE VERGETEN APPEL. DE VERGETEN APPEL hereby rejects all liability for damage resulting from the use of this data or data to which links on this site (s) refer (refer). The data on this site can be changed without warning.
DE VERGETEN APPEL makes no guarantees regarding the nature and content of the information from the site and is not liable for the content of this information or for the consequences of its use. Any liability for any damage resulting from access to and use of the site is expressly rejected by DE VERGETEN APPEL. Furthermore, no guarantee is offered for the faultless and uninterrupted functioning of the site. References or links to other sites or sources that are not the property of DE VERGETEN APPEL are only included for the information of the user of the site.
THE FORGOTTEN APPEL is not responsible for the availability of these sites or sources. DE VERGETEN APPEL accepts no liability whatsoever with respect to the content, advertisements, products or other items on such sites or sources or availability. DE VERGETEN APPEL shall not be liable for any form of damage or loss caused by or in connection with the use of or by reliance on the content, goods or services offered on such sites or sources.
The website and all parts thereof, with the exception of certain (hyper) links, are the property of DE VERGETEN APPEL. It is not allowed to make the site or parts of it, such as texts or photos, public, copy or store without our express written consent. This permission is not required for personal, non-commercial use.
DE VERGETEN APPEL will only send you a newsletter if you have provided your own or if you have instructed DE VERGETEN APPEL to do so.
DE VERGETEN APPEL will send you a newsletter about once a month if there is actually something of relevant news to report.
It may happen that you receive an extra newsletter in the case of new dates for tastings or markets, but DE VERGETEN APPEL strives to know this in advance and to inform you in one newsletter.
If you do not want to receive a newsletter anymore, we obviously regret it, but would you like to remove it from our mailing list.