General Terms and Conditions

Table of contents

Article 1 - Definitions
Article 2 - Identity of the foundation
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Exclusion of the right of withdrawal
Article 7 - The price
Article 8 - Conformity and warranty
Article 9 - Delivery and execution
Article 10 - Duration transactions: duration, termination and extension
Article 11 - Payment
Article 12 - Complaints procedure
Article 13 - Disputes
Article 14 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

1. Reflection period: the period within which the donor can make use of his right of withdrawal; Read all about the reflection period

1. Donor: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the foundation;

1. Day: calendar day;

1. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

1. Durable medium: any instrument that enables the donor or foundation to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

1. Right of withdrawal: the possibility for the donor to cancel the distance contract within the cooling-off period;

1. Model form: the model withdrawal form that the foundation makes available that a donor can complete when he wishes to exercise his right of withdrawal.

1. Foundation: the natural or legal person that offers products and/or services remotely to donors;

1. Distance contract: an agreement whereby, within the framework of a system organised by the foundation for the distance donation of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

1. Remote communication technology: a means that can be used to conclude an agreement without the donor and foundation being in the same room at the same time.

1. General Terms and Conditions: these General Terms and Conditions of the foundation.

Article 2 - Identity of the Foundation

Care About Each Other Foundation
Strausslaan 130

5011 KJ Tilburg
The Netherlands

T (064) 134-2330
E stichtinggevenomelkaarnl@gmail.com
KVK 80759769
VAT number NL55ABNA0101270674

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the foundation and to every distance contract and donations concluded between the foundation and donor.

1. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the donor. 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 foundation and that they will be sent free of charge to the donor as soon as possible upon request.

1. 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 may be made available to the donor electronically in such a way that the donor can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the donor electronically or otherwise at the donor's request.

1. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the donor can always invoke the applicable provision that is most favourable to him.

1. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.

1. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

1. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

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

1. The offer is without obligation. The foundation is entitled to change and adapt the offer.

1. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the donor to properly assess the offer. If the foundation uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the foundation.

1. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

1. Images of products are a true representation of the products offered. Stichting cannot guarantee that the displayed colours exactly match the real colours of the products.

1. Each offer contains such information that it is clear to the donor what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
• the price;

• any shipping costs;

• the manner in which the agreement will be concluded and the actions required for this;

• whether or not the right of withdrawal applies;

• the method of payment, delivery and execution of the agreement;

• the period for accepting the offer, or the period within which the foundation guarantees the price;

• the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;

• whether the agreement is archived after it has been concluded and, if so, where the donor can consult it;

• the manner in which the donor, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;

• any other languages ​​in which, in addition to Dutch, the agreement may be concluded;

• the codes of conduct to which the foundation has submitted and the manner in which the donor can consult these codes of conduct electronically; and

• the minimum duration of the distance contract in the event of a continuous transaction.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time the donor accepts the offer and meets the conditions set therein.

1. If the donor has accepted the offer electronically, the foundation will immediately confirm receipt of acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the foundation, the donor can terminate the agreement.

1. If the agreement is concluded electronically, the foundation will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the donor can pay electronically, the foundation will take appropriate security measures to that end.

1. The foundation may - within legal frameworks - inquire whether the donor can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the foundation has good reasons not to enter into the contract on the basis of this investigation, it is entitled to refuse a donation with reasons or to attach special conditions to the execution.

1. The foundation will send the following information to the donor with the product or service, in writing or in such a way that it can be stored by the donor in an accessible manner on a durable data carrier:
• the visiting address of the foundation's office where the donor can submit complaints;

• the conditions under which and the manner in which the donor can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

• the information about guarantees and existing service after donation;

• the information included in Article 4 paragraph 3 of these terms and conditions, unless the foundation has already provided this information to the donor prior to the execution of the agreement;

• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

1. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

1. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Conformity and warranty

1. The foundation guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the foundation also guarantees that the product is suitable for other than normal use.

1. A guarantee provided by the foundation, manufacturer or importer does not affect the legal rights and claims that the donor can assert against the foundation under the agreement.

1. Any defects or incorrectly delivered products must be reported to the foundation in writing within 2 months of discovering the defect.

1. The foundation's warranty period corresponds to the manufacturer's warranty period. However, the foundation is never responsible for the ultimate suitability of the products for each individual application by the donor, nor for any advice regarding the use or application of the products.

1. The warranty does not apply if:
• the donor has repaired and/or edited the delivered products himself and/or has had them repaired and/or edited by third parties;

• the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the foundation and/or on the packaging;

• the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 7 - Delivery and execution

1. The foundation will exercise the utmost care when receiving and implementing donations of products and when assessing applications for the provision of services.

1. The place of delivery is the address that the donor has made known to the company.

1. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted donations with due speed but at the latest within 30 days, unless the donor has agreed to a longer delivery period. If the delivery is delayed, or if a donation cannot be executed or can only be executed in part, the donor will be notified of this at the latest 30 days after he has placed the donation. In that case, the donor has the right to terminate the agreement without costs. The donor is not entitled to compensation.

1. All delivery times are indicative. The donor cannot derive any rights from any stated terms. Exceeding a term does not entitle the donor to compensation.

1. In the event of dissolution in accordance with paragraph 3 of this article, the foundation will refund the amount paid by the donor as soon as possible, but no later than 14 days after dissolution.

1. If delivery of an ordered product proves impossible, the foundation will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of the foundation.

1. The risk of damage and/or loss of products rests with the foundation until the moment of delivery to the donor or a previously designated representative made known to the foundation, unless expressly agreed otherwise.

Article 8 - Duration transactions: duration, termination and extension

Cancellation

1. The donor may at any time terminate an agreement entered into for an indefinite period of time and which provides for the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.

1. The donor may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, taking into account the agreed termination rules and a notice period of no more than one month.

1. The donor may:
• cancel at any time and not be limited to cancellation at a specific time or during a specific period;

• at least cancel in the same manner as they were entered into by him;

• always cancel with the same notice period as the foundation has stipulated for itself.

Extension

1. An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

1. By way of exception to the previous paragraph, an agreement entered into for a fixed term and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, if the donor can terminate this extended agreement at the end of the extension with a notice period of up to one month.

1. An agreement entered into for a fixed period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the donor may cancel 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 aims at the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

1. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the donor may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 9 - Payment

1. Unless otherwise agreed, the amounts owed by the donor must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the donor has received confirmation of the agreement.

1. The donor has the duty to report any inaccuracies in payment details provided or stated to the foundation without delay.

1. In the event of non-payment by the donor, the foundation has the right, subject to legal restrictions, to charge the donor reasonable costs made known in advance.

Article 10 - Complaints procedure

1. The foundation has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

1. Complaints about the performance of the agreement must be submitted to the foundation fully and clearly described within 2 months after the donor has discovered the defects.

1. Complaints submitted to the foundation will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the foundation will respond within the period of 14 days with a confirmation of receipt and an indication of when the donor can expect a more detailed answer.

1. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

1. In case of complaints, a donor must first contact the foundation. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the donor must contact Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/ . If a solution is still not reached, the donor has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the foundation and the donor agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the donor to the relevant committee. It is also possible to report complaints via the European ODR platform ( http://ec.europa.eu/odr ).

1. A complaint does not suspend the foundation's obligations, unless the foundation indicates otherwise in writing.

1. If a complaint is found to be justified by the foundation, the foundation will, at its discretion, either replace or repair the delivered products free of charge.

Article 11 - Disputes

1. Agreements between the foundation and the donor to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the donor resides abroad.

Article 12 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the donor and must be recorded in writing or in such a way that they can be stored by the donor in an accessible manner on a durable data carrier.