1.1. These conditions are part of every agreement as well as of the execution thereof, whereby an agreement has been concluded via online store Vishandel Ruud den Haan and this acts as a seller towards a buyer.
1.2. Online store Vishandel Ruud den Haan is part of V.O.F. Fishmonger Ruud den Haan located at Oudedijk 145A 3061 AA in Rotterdam.
1.3. Fishmonger Ruud den Haan offers services through the website concerning and selling and supplying Fish and related articles throughout the Netherlands, with the exception of the Wadden Island.
1.4. Any general terms and conditions used by the buyer, by whatever name, are expressly rejected and do not apply to this agreement, unless these terms and conditions or one or more provisions thereof have been expressly accepted in writing by the seller, do not apply to this agreement, unless these conditions or one or more provisions thereof have been explicitly accepted in writing by the seller. do not apply to this agreement, unless these conditions or one or more provisions thereof have been explicitly accepted in writing by the seller.
1.5. Changes to the agreement concluded between the seller and the buyer and deviations from these general terms and conditions of sale and delivery will only take effect if they have been agreed in writing between the seller and the buyer.
1.6. Vishandel Ruud den Haan reserves the right to amend and/or supplement these General Terms and Conditions.
2.1 Where these terms and conditions refer to “buyer”, this means a counterparty of Vishandel Ruud den Haan, a natural person, partnership, company or legal person who has given instructions to perform a service via the website.
2.2 An order consists of the goods that are stated in the concluded agreement.
3 Offers and agreement
3.1 Offers or quotations via the Website should be regarded as invitations to potential buyers to make an offer. Vishandel Ruud den Haan is in no way bound by such offers or quotations, nor by any offer from potential buyers, unless this has been established in writing and unambiguously. The acceptance of an invitation to make an offer by the potential Buyer counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article are met.
3.2 An offer from the potential Buyer as referred to in Article 3.1 is deemed to have been made in one of the following circumstances; The potential Buyer has entered the data in full on the appropriate input screen of the Website and electronically sent the relevant data to Vishandel Ruud den Haan. These data were received by Vishandel Ruud den Haan; or Vishandel Ruud den Haan has made a personalised offer to the potential buyer, which offer has been approved in writing by the potential Buyer.
3.3 An agreement is concluded when an order confirmation has been handed over to the Buyer or, if the offer has been made via the Website, sent by email to the email address provided by the Buyer. This agreement can be revoked by Vishandel Ruud den Haan if the Buyer does not meet the conditions set by Vishandel Ruud den Haan or if it appears at any time that the Buyer has not met the conditions in the past.
3.4 All prices are expressed in euros, in accordance with the legal regulations in this regard, and include sales tax. The Buyer owes the price that Vishandel Ruud den Haan has communicated to it in its confirmation in accordance with Article 2.3 of these conditions. One of the conditions as mentioned in 3.3 is that the purchase price is due in advance. As long as payment has not been made, Vishandel Ruud den Haan will not supply any products. Payments can be made through IDEAL.
3.5 Information, images, oral communications, statements regarding all offers and the main characteristics of the products that are provided in any way by Vishandel Ruud den Haan via the Website are (accurately) displayed and / or made. However, Vishandel Ruud den Haan cannot guarantee that all offers and products fully correspond to the information provided. Deviations cannot be grounds and / or cause for compensation and / or dissolution.
3.6 Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Vishandel Ruud den Haan after the conclusion of the agreement. Special offers are only valid while supplies last.
3.7 Depending on the order size expressed in euros, order costs may be charged. These are reflected in the total amount to be paid, including sales tax
3.8 It is possible that the ordered products are not in stock on the day of delivery. The buyer will make this known to the customer one day before delivery via the telephone number or email address entered in the agreement. In this case, two situations can arise; due to the inability to deliver the goods, there are no more products in the delivery, at that time the buyer is entitled to a refund of the amount of the agreement including order costs. In the second case, equals Article 4.6 of these general terms and conditions and the buyer is entitled to a refund of the value of the missing goods stated in the agreement.
3.9 If an agreement has been concluded in accordance with Article 3.3, the buyer can no longer change or cancel an order.
3.10 The additional ordering of new products always leads to a new order with the applicable ordering costs. Also in the case of replacement orders that are the result of events referred to in Article 3.8.
3.11 The reflection period as referred to in Article 7: 46d paragraph 1 of the Dutch Civil Code does not apply, as it concerns matters that can quickly spoil or become obsolete, as referred to in Article 7: 46d paragraph 4 under 4 of the Dutch Civil Code.
4 Delivery and delivery time
4.1 Orders are delivered by Vishandel Ruud den Haan to the address entered by the buyer in the agreement within the delivery area of Vishandel Ruud den Haan.
4.2 If the buyer's order has been entered before 12:00 in the afternoon, the desired delivery can take place the following day.
4.3 An email will be sent around 17:00 the day before delivery, stating within which block the order will be delivered. A block is a three-hour period specified in the report.
4.4 The time indicated by Vishandel Ruud den Haan is money as an indication, from which no rights can be derived.
4.5 About half an hour before the driver of Vishandel Ruud den Haan is at the address, he will contact the telephone number indicated in the agreement.
4.6 Immediately after receipt, the Buyer must check the products. Any observed differences from the order must be reported immediately to the driver. The driver will make a note of this on the packing slip and initial this. The seller is then entitled to a refund of the value stated in the agreement for the missing quantities / products.
4.7 If, at the intended time of delivery by the driver, neither the Buyer nor a person designated by him is present at the delivery address, or if the Buyer or the designated person referred to above is unable or unwilling to receive the package, Vishandel Ruud den Haan will be at that time no longer guarantees the good temperature of the contents of the package. In such case, the Driver will, if possible, deliver the package to the neighbors or neighbors, otherwise the driver will take the order again. In those cases, the driver will leave a note in your letterbox.
4.8 If the driver takes the order back with him, the buyer will be offered the opportunity to collect the order at the address of Online-shop Vishandel Ruud den Haan. The Buyer can do this within a period of 2 days, during the opening hours of the Vishandel Ruud den Haan store. Thereafter, all claims of the buyer regarding the agreement, including the right to a refund of the amount paid by the buyer, lapse.
4.9.1 If delivery by a third party has been chosen and at the intended time of delivery by the postman, neither the Buyer nor a person designated by him is present at the delivery address or the Buyer or the designated person referred to above cannot or will not receive the package. from then on, Fishmonger Ruud den Haan no longer guarantees the good temperature and quality of the contents of the packaging. In such a case, if possible, the delivery person will deliver the package to neighbors or neighbors and leave a note in your letterbox.
4.9.2 Immediately upon receipt, the Buyer must check the products. If the Buyer receives products in poor condition or receives products that do not meet the quality requirements that may be imposed on the products, we request the Buyer to notify us immediately and no later than six hours after receipt. For this, the Buyer can contact us via firstname.lastname@example.org. Our customer service ensures that the complaint is handled as well as possible and quickly. Complaints can also be sent to the postal address of Vishandel Ruud den Haan as shown in Article 1 of these general terms and conditions, or notified to the visiting address as shown in Article 1 of these general terms and conditions.
5 Force majeure
5.1 The seller is entitled, without being in default, to suspend the delivery of the goods bought by the buyer, if as a direct or indirect consequence of one or more in article 5.3. stated causes - regardless of whether they were foreseeable at the time of the conclusion of the agreement - the goods cannot reasonably be delivered or not delivered on time.
5.2 If as a result of one or more in Article 8.3. If the stated causes occur, the seller may require the buyer to choose between another day's delivery or cancellation of the agreement.
5.3. Force majeure means any circumstance that is independent of its will, which prevents the fulfillment of its obligations towards the Buyer in whole or in part. These circumstances include strikes, fire, business failures, energy failures, failures in a (telecommunications) network or connection or used communication systems and / or the unavailability of the Website at any time, non-delivery or late delivery of suppliers or other third parties engaged and the absence of any permit to be obtained from the government. default by a supplier from whom the seller buys his goods, defects in machines and installations, including cooling installations, defects in means of transport, obstacles to transport and furthermore due to all other causes that are beyond the fault of the seller.
5.4 If due to force majeure as referred to in Article 5.3. the delivery cannot take place on the desired day, the agreement will be considered dissolved. The buyer is then entitled to compensation of the amount paid by him on the basis of the dissolved agreement.
6.1 If the Buyer receives products in poor condition or receives products that do not meet the quality requirements that may be imposed on the products, we request the Buyer to notify us immediately and no later than six hours after receipt. For this, the Buyer can contact our customer service via email@example.com or by phone 010 - 4138173. Our customer service ensures that the complaint is handled as well as possible and quickly. Complaints can also be sent to the postal address of Vishandel Ruud den Haan as shown in Article 1 of these general terms and conditions, or notified to the visiting address as shown in Article 1 of these general terms and conditions. firstname.lastname@example.org or via telephone number 010 - 4138173. Our customer service ensures that the complaint is handled as quickly and efficiently as possible. Complaints can also be sent to the postal address of Vishandel Ruud den Haan as shown in Article 1 of these general terms and conditions, or notified to the visiting address as shown in Article 1 of these general terms and conditions.
6.2 If the driver is still present when the defect is found, a sample of the product will be taken back for examination.
6.3 The buyer is obliged to keep the products that have been complained about for a reasonable period of time, but in any case for 5 days at the disposal of the seller and to take all care that may reasonably be required of him to ensure the quality that has been established keep delivery constant. If desired by the seller, he will make an appointment during this period at which time he will come by to take the product back for examination.
6.4 If the seller declares the complaint well-founded, the buyer is entitled to a refund of the value of the complained goods as stated in the agreement.
6.5 Other complaints regarding the provision of services can be reported to Vishandel Ruud den Haan via the e-mail address or telephone. In accordance with Article 7, complaints can never lead to compensation.
6.6 Return shipments by the buyer are only permitted if the seller has given explicit prior written permission for this.
7.1 Vishandel Ruud den Haan is never liable for any indirect damage of the Buyer or of third parties, including consequential damage, trading loss, delay damage, loss of profit or personal injury, or any (other) indirect damage, of whatever cause and by whomever suffered.
7.2 The Buyer indemnifies Vishandel Ruud den Haan against all claims from third parties, for whatever reason, with regard to compensation of damage, costs and / or interest caused by, the event of, or in any way related to the goods delivered by us. business or our performance of the performance.
7.3 If the seller is held liable by the buyer for faulty delivery, the compensation payable by the seller will be limited to the amount of the purchase price of the delivered goods.
7.4 The seller accepts no liability for direct or indirect damage that the buyer will suffer as a result of the fact that the delivered goods have or have a defect, unless the buyer demonstrates that there is intent or deliberate recklessness on the part of the seller or that he proves that the seller was aware of the defect and that the buyer can specify and prove the amount of his damage.
8 Personal data
8.2 Google Analytics
A cookie from the American company Google is placed via our website as part of the "Analytics" service. We use this service to track and get reports on how visitors use the website. Google can provide this information to third parties if Google is legally obliged to do so, or if third parties process the information on behalf of Google. We have no influence on this. We have not allowed Google to use the obtained analytics information for others in the United States. Google adheres to the Privacy Shield principles and is affiliated with the Privacy Shield program of the United States Department of Commerce. This means that there is an appropriate level of protection for the processing of any personal data from Google services.
The information that Google collects is anonymized as much as possible. Your IP address is expressly not provided. The information is transferred to and stored by Google on servers.
8.3 Our website contains buttons to promote (“like”) web pages or share (“tweet”) on social networks such as Facebook and Twitter. These buttons work by means of pieces of code that come from Facebook or Twitter themselves. Cookies are placed through this code. We have no influence on that. Please read the privacy statements of Facebook and Twitter respectively (which can change regularly) to read what they do with your (personal) data that they process via these cookies.”
“The information they collect is anonymised as much as possible. The information is transferred to and stored on servers in the United States by Twitter, Facebook, Google + and LinkedIn. LinkedIn, Twitter, Facebook and Google + adhere to the Privacy Shield principles and are affiliated with the Privacy Shield program of the United States Department of Commerce. This means that there is an appropriate level of protection for the processing of any personal data.
9 Applicable law
9.1 All agreements concluded between the buyer and the seller are exclusively governed by Dutch law.
9.2 The "Uniform Law on the International Purchase of Movable Property", the "Uniform Law on the Establishment of International Sales Contracts on Movable Property" and the "Vienna Convention of 1980 on the International Sale of Movable Property" as well as any current or future international regulations regarding the purchase of movable tangible property, the effect of which may be excluded by the parties, are hereby expressly excluded.
10.1 Any dispute arising from the agreement or further agreement concluded between the seller and the buyer, including collection of a claim, can only be submitted to the judgment of the competent Dutch court in the Rotterdam District Court, with the exception of those disputes that fall under the jurisdiction of the Subdistrict Court.
10.2 The explanation according to the Dutch version of these general terms and conditions is binding.