Terms and Conditions

MGK Food v.o.f. Terms and Conditions

Version 4
Last updated: November 13, 2021

Index:
Article 1 - Definitions
Article 2 - Identity of MGK FOOD
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Exclusion right of withdrawal consumer
Article 7 - If the right of withdrawal would nevertheless apply to consumer products Article 8 - Exercising the consumer's right of withdrawal and costs thereof
Article 9 - Obligations of MGK FOOD upon revocation
Article 10 - Modification of the assignment
Article 11 - Performance and warranty
Article 12 - Delivery and execution
Article 13 - Duration transactions: duration, cancellation and extension
Article 14 - Payment
Article 15 - Complaints
Article 16 - Liability
Article 17 - Intellectual property
Article 18 - Disputes
Article 19 - Additional or different provisions

Article 1 - Definitions
1.1 In these terms and conditions the following definitions apply:
· Agreement: an agreement whereby a customer receives products in connection with a contract or a distance agreement and these products are supplied by MGK FOOD or by a third party on the basis of an agreement between that third party and MGK FOOD;
· Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
· Customer: Any natural person, legal entity or other person who acts in the exercise of their profession as a company, with whom MGK FOOD enters into an agreement. · Consumer: the natural person who does not act in the exercise of a profession or business;

·  Day: calendar day;

·  Digital content: data produced and delivered in digital form;

· Duration agreement: an agreement that extends to the regular delivery of products during a certain period;

Durable data carrier: any tool - including e-mail - that enables the customer or MGK FOOD to store information addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;

·  MGK FOOD: legal entity that offers products to its customers;

  Distance contract: an agreement concluded between MGK FOOD and the customer within the framework of an organized system for distance selling of products, whereby exclusive or joint use is made of one or more techniques up to and including the conclusion of the agreement for remote communication;

· Technology for distance communication: means that can be used for the conclusion of an agreement, without the customer or MGK FOOD having to meet in the same room at the same time.

Article 2 - Identity of the entrepreneur
2.1 MGK Food: Madak Chocolatier
Wilhelminaweg 9, 6951 BM, Dieren
Phone number: 0625200207 Mon - Fri 09:00 -17:00 Email address: [email protected]

Chamber of Commerce number: 77261704 VAT identification number: NL860951911B01

Article 3 - Applicability
3.1 These general terms and conditions apply to every offer from MGK FOOD and to every distance agreement concluded between MGK FOOD and the customer.
3.2 When placing an application or order, the customer accepts the content of the agreement and these general terms and conditions.
3.3 Before an agreement is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, MGK FOOD will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at MGK FOOD and that they will be sent free of charge as soon as possible at the request of the customer.
3.4 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 can be made available to the customer electronically in such a way that the customer can can be stored 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 read electronically and that they will be sent free of charge at the request of the customer electronically or in another way.
3.5 Provisions or conditions set by the customer that deviate from or do not appear in these general terms and conditions are only binding if and insofar as they have been expressly accepted by MGK FOOD.
3.6 If an agreement in these terms and conditions does not apply because it is wholly or partly void or destroyed, other agreements or part of agreements in these general terms and conditions will continue to apply.

Article 4 - The offer
4.1 If an offer has a limited period of validity or subject to conditions, this will be expressly stated in the offer.
4.2 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer.
4.3 Prices are for consumers including VAT.
4.4 All images, specifications and other data in the offer are indicative and cannot give rise to any liability or dissolution of the agreement.
4.5 Obvious mistakes or errors in the offer are not binding on MGK FOOD. 4.6 Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement
5.1 An agreement is concluded via the webshop, subject to the provisions of paragraph 3, at the moment of acceptance by the customer of the offer and the fulfillment of the associated conditions.
5.2 An agreement other than via the webshop is concluded at the moment of acceptance by the customer of the offer and the fulfillment of the associated conditions.
5.3 If the customer has accepted the offer electronically, MGK FOOD also confirms receipt of acceptance of the offer electronically. 5.4 If the agreement is concluded electronically, MGK FOOD will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, MGK FOOD will observe appropriate security measures.
5.5 MGK FOOD can - within legal frameworks - inform itself whether the customer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, MGK FOOD has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5.6 MGK FOOD will send in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:

1. the address of the MGK FOOD branch where the customer can go with complaints;
2. the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;

the information about any warranties and existing after-sales service;

the price including all taxes of the product;

the cost of delivery;

method of payment,

delivery or performance of the distance contract;

the requirements for termination of the agreement if the agreement is a

has a duration of more than one year or is of indefinite duration;
9. if the consumer has a right of withdrawal, the model withdrawal form.

5.7 In the event of a longer-term agreement, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Exclusion of right of withdrawal customer (consumer)
6.1 Normally, a consumer can dissolve an agreement with regard to the purchase of a product or service during a reflection period of at least 14 days without stating reasons. This is called the right of withdrawal. However, the products of MGK FOOD are excluded from the right of withdrawal. (This does not apply if products are delivered in a subscription form. With subscriptions, what has already been delivered/will have to be paid for. The consumer will then be asked to deliver the subscription immediately within the reflection period.)
6.2 MGK FOOD can only exclude the products from the right of withdrawal if it has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

6.3 The products are excluded, because these are products with fillings that spoil quickly and have a limited shelf life. The product can also be personalized.
6.4 If it concerns products that are not excluded for the reasons of paragraph 3, then the product can be excluded if they are products that are not suitable for return for reasons of health protection or hygiene and are sealed after delivery. broken.

Article 7 – If the right of withdrawal would nevertheless apply to products (consumer)
7.1 MGK FOOD may ask for the reason for withdrawal, but not oblige it to state its reason(s).
7.2 The aforementioned reflection period starts on the day after the consumer or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
7.3 If MGK FOOD does not provide the consumer with the legally required information about the right of withdrawal or the model withdrawal form the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
7.4 If MGK FOOD has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
7.5 The reflection period starts if the consumer has ordered several products in the same order on: the day on which the consumer, or a third party designated by him, has received the last product.
7.6 MGK FOOD may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
7.6 The reflection period starts if the delivery of a product consists of several shipments on: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.
7.7 The reflection period starts for agreements for regular delivery of products during a certain period on: the day on which the consumer or a third party designated by him has received the first product.
7.8 During the reflection period, the consumer will handle the product and the packaging with care. The consumer is liable for depreciation of the product that is the result of not handling the product with care.

Article 8 - Exercise of the right of withdrawal by the customer and costs thereof (consumer)
8.1 If the consumer could make use of his right of withdrawal, he must report this to MGK FOOD within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) MGK FOOD. taken if he returns the product before the cooling-off period has expired.
8.3 The consumer then returns the product with all accessories supplied, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by MGK FOOD.

8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer bears the direct costs of returning the product. 8.6 If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of MGK FOOD upon withdrawal (consumer)
9.1 If MGK FOOD enables the notification of withdrawal by the consumer electronically, he will send a confirmation of receipt as soon as possible after receipt of this notification.
9.2 MGK FOOD will reimburse the amount paid for the product and any delivery costs charged by MGK FOOD for the product, within 14 days following the day on which the consumer notifies him of the withdrawal. MGK FOOD may wait with repayment until it has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier. 9.3 MGK FOOD uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
9.4 If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, MGK FOOD does not have to reimburse the additional costs for the more expensive method.

Article 10 – Change of the assignment
10.1 MGK FOOD reserves the right to refuse an application or order if new information becomes available after acceptance that would make execution unacceptable.
10.2 Changes to the agreement may have consequences for, for example, the assignment itself, term of execution or price.
10.3 There is in any case reason to adjust the content of the assignment, price or term of execution if:
- significant changes occur in legislation and regulations (such as, but not limited to, VAT rates);
- significant changes occur in the original order;
- additional work appears to be necessary during the execution of the assignment and was unforeseeable at the time of entering into the assignment. (Consumers hereby have the right to dissolve the agreement).
10.4 MGK FOOD is entitled to annual price indexation according to the CBS.

Article 11 - Performance of the agreement
11.1 MGK FOOD guarantees that the products comply with the agreement and with the reasonable requirements of reliability and/or usability and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

Article 12 - Delivery and execution
12.1 MGK FOOD will exercise due care when receiving and executing orders and requests for products.
12.2 The place of delivery is the address that the customer has made known to MGK FOOD or the collection of the products at MGK FOOD's location. Delivery may incur costs.

12.3 With due observance of what is stated about this in paragraph 4 of these general terms and conditions, MGK FOOD will try to deliver accepted orders and requests within a reasonable agreed delivery period.
12.4 Products from MGK FOOD will not be delivered at temperatures above 25 degrees.

12.5 The products will then be delivered at a later time. Customers can collect the products at MGK FOOD's location.
12.6 If the delivery is delayed in any other way, or if an order or request cannot or only partially be executed, the customer will be notified of this within a reasonable period of time after placing the order.

12.7 In the case referred to in paragraph 12.4, a consumer has the right to dissolve the agreement without costs. After dissolution, MGK FOOD will refund the amount that the consumer has paid.
12.8 The risk of damage and/or loss of products rests with MGK FOOD until the moment of delivery to the customer or a representative designated in advance and announced to the customer, unless expressly agreed otherwise. 12.9 In the event that products have not yet been paid for at the time of the personal transfer, MGK FOOD reserves the right of ownership until the amount due has been paid in full.

Article 13 - Duration transactions: duration, cancellation and extension
13.1 The consumer can prematurely terminate an agreement that has been entered into and that extends to the regular delivery of products. MGK FOOD must order and prepare products for the order. That is why MGK FOOD asks to cancel at least one week prior to the delivery. If the consumer cancels the agreement for the order, the consumer will no longer receive products. 13.2 For non-consumers, an agreement that has been entered into for a definite period of time and that extends to the regular delivery of products, cannot be terminated prematurely. 13.3 For non-consumers, an agreement that has been entered into for a definite period of time and which extends to the regular delivery of products, can only be terminated at the end of the definite term with due observance of a notice period of 2 months.
13.4 If cancellation is not made in writing with due observance of the aforementioned notice period, the agreement will be automatically extended for a period of 1 year.
13.5 For non-consumers, an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products can only be canceled in writing with due observance of a notice period of 2 months.

Article 14 - Payment
14.1 Insofar as not provided otherwise in the agreement or additional terms and conditions, the amount owed by the customer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. .
14.2 It is possible that MGK FOOD asks the customer for payment in advance.
14.3 When selling products to consumers, the consumer is not allowed to pay more than 50% in advance in general terms and conditions. This can be mutually agreed upon in the agreement. When advance payment is stipulated, the customer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.

14.4 The customer has the obligation to immediately report inaccuracies in payment details provided or stated to MGK FOOD.
14.5 If the customer does not meet his payment obligation(s) on time, after he has been informed by MGK FOOD of the late payment and MGKD FOOD has granted the customer a period of 14 days to still meet his payment obligations, after if payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and MGK FOOD is entitled to charge the (extra)judicial collection costs incurred by it in accordance with the applicable legislation.

Article 15 - Complaints
15.1 Complaints about the implementation of the agreement must be submitted fully and clearly described to MGK FOOD within a reasonable time after the customer has discovered the defects.
15.2 Complaints submitted to MGK FOOD will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, MGK FOOD will reply within the period of 14 days with a notification of receipt and an indication when the customer will receive a more detailed answer.
15.3 The customer must give MGK FOOD a reasonable period of time to resolve the complaint in mutual consultation.
15.4 It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

Article 16 – Liability
16.1 MGK FOOD is liable for an attributable shortcoming in the performance of the agreement.
16.2 Before proceeding to liability, the client shall set a reasonable term for compliance with MGK FOOD.
16.3 The liability is limited to direct direct damage.
16.4 Liability is limited to the amount of the invoice or, if and insofar as there is insured damage, to the amount paid out under the insurance, plus any deductible.
16.5 If it concerns a subscription, the liability is limited to the amount of the invoice, solely on the order to which the liability relates.
16.6 MGK FOOD is in any case not liable for consequential and indirect damage, including, but not limited to, loss of turnover or goodwill, reduced revenue, lost profit.
16.7 MGK FOOD is not liable for incorrect/incomplete data or information provided by the customer.
16.8 If delivery to neighbors or in any other way other than delivery to the specified address has been chosen, this method is entirely at the risk of the customer. MGK FOOD is not liable for any spoilage or disappearance or for any damage suffered by the customer as a result.
16.9 There is no liability in the event of force majeure.
16.10 In case of force majeure, the shortcoming is not due to fault and is not for the account of MGK FOOD according to the law, a legal act or according to generally accepted standards. This may in any case include strikes, incapacity for work, transport problems, weather conditions, fire, theft, (electronic) malfunctions at MGK FOOD and suppliers.

16.11 The customer, who is not a consumer, indemnifies MGK FOOD against all claims from third parties, including costs to be incurred by MGK FOOD in connection therewith, which arise directly or indirectly from or are related to the work of MGK FOOD for the benefit of the customer.

16.12 Any limitations apply to both contractual and non-contractual liability.
16.13 The liability, force majeure and indemnification limitations set out in this article do not apply insofar as this is contrary to applicable mandatory law or if there is intent and willful recklessness on the part of MGK FOOD.

Article 17 – Intellectual property
17.1 MGK FOOD reserves the right and powers to which it is entitled under intellectual property laws and regulations. Examples include recipes/products.
17.2 Recipes and products and other matters to which intellectual property rests may only be used for purposes as determined in the agreement with a customer.
17.3 Recipes and products and other matters to which intellectual property rests may therefore not be distributed, copied, made public or shown in any other way without permission, unless agreed with the customer. MGK FOOD can agree to supply or develop a recipe or product for a customer to distribute.
17.4 It is also not permitted to make changes to recipes and products and other matters to which intellectual property rests without permission, unless otherwise agreed.
17.5 MGK FOOD therefore has the right to grant licenses to other parties, unless otherwise agreed.
17.6 The customer is not permitted to grant a sub-licence to another party or to transfer a license, unless otherwise agreed.
17.7 In the event of an infringement, MGK FOOD charges at least three times the usual compensation, without losing any right to compensation for other damage suffered (including the right to compensation for all direct and indirect damage and (extra) judicial costs.
17.8 MGK FOOD is not liable for the recipes supplied by the customer and other matters to which intellectual property rests that infringe any right accruing to another. Customers guarantee, for example, that recipes are unencumbered and that they are not subject to the rights of others.
17.9 If MGK FOOD is held liable for this, the customer indemnifies MGK FOOD in and out of court. The customer should take all actions that the customer is allowed to take. Are expected.
17.10 These provisions regarding intellectual property do not apply if they conflict with any mandatory provision.

Article 18 - Disputes
18.1 Agreements between parties to which these general terms and conditions apply are exclusively governed by Dutch law and the Dutch court has jurisdiction.


Article 19 - Additional or different provisions
19.1 Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing before
in such a way that they can be stored by the customer in an accessible manner on a durable data carrier.













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