TLANT FARM BAKERY & KITCHEN TERMS AND CONDITIONS
1. WHO ARE WE?
(1) TLANT Netherlands B.V. has its registered office and principal place of business at (5061 PA) Oisterwijk (The Netherlands) at Almystraat 44, and is registered in the trade register of the Dutch Chamber of Commerce under number: 6613102, and has VAT identification number: NL856422435BO-1. TLANT Netherlands B.V. hereinafter referred to as “TLANT Farm Bakery & Kitchen” or “we” or “us”. These general terms and conditions also apply to any payment made to TLANT Nederland B.V. affiliated companies.
(2) TLANT Farm Bakery & Kitchen sells and supplies breakfast and complementary products. TLANT Farm Bakery & Kitchen also sells one-off (meal) boxes and provides its additional services.
2. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
(1) These general terms and conditions of application. The customer is hereinafter also referred to as: “customer” or “you/you/you”.
(2) Now that the agreement with you is concluded electronically, the text of the general terms and conditions is made available to you electronically in such a way that it can also be easily stored by the customer 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 consulted electronically and that they will be sent free of charge at your request electronically or otherwise.
(3) We reserve the right to change these terms and conditions. The most recent general terms and conditions always apply and are always published on our website. The general terms and conditions can be requested from us (via breakfast@TLANT.nl).
3. THE OFFER
(1) The products and/or services offered, including the stated prices, are considered a non-binding offer that can be accepted by you.
(2) Our offer contains as complete and accurate a description as possible of the products and/or services offered. However, we cannot prevent that sometimes a mistake is made, whereby we note that apparent mistakes in the offer are not binding on TLANT Farm Bakery & Kitchen. We accept no liability with regard to descriptions of products or services.
(3) Our offer is aimed at end users in Europe (namely the Netherlands, Belgium, Austria, Spain, Italy, Germany, Bulgaria and Great Britain). The ordered products and/or other services are expressly not intended for resale. You are prohibited from reselling our products without prior permission from TLANT Farm Bakery & Kitchen. Therefore, only household size orders are accepted.
4. CONCLUSION OF AGREEMENT
(1) An order for our products can be placed via our website / webshop(s). Orders can be placed from a minimum amount of €25 (including VAT). We do not execute orders below this amount.
(2) An order can also be placed via a personal account, which can be created on the TLANT Farm Bakery & Kitchen website. In it you can manage preferences and place orders faster / easier; order and delivery details are also automatically available. If a subscription is chosen, the order(s) as specified will be executed according to the indicated frequency, unless changes are made in good time before the deadline. The deadline is no later than one week before the planned delivery.
(3) TLANT Farm Bakery & Kitchen reserves the right to refuse or accept an order without giving any reason. A right to delivery of the ordered products and/or other ordered services arises after acceptance by TLANT Farm Bakery & Kitchen. In any case, TLANT Farm Bakery & Kitchen can refuse to accept an offer if there is a situation as described in articles 3.3 and 12.2 of these general terms and conditions. You must be at least 18 years old to order products from TLANT Farm Bakery & Kitchen. We do not supply products to persons under the age of 18.
(4) The acceptance of the order and the delivery of the products is electronically confirmed by TLANT Farm Bakery & Kitchen. With a subscription, the orders are executed on the basis of the subscription. The subscription can always be canceled with immediate effect, except for deliveries after the expiry of the deadline. As long as the subscription has not been terminated, TLANT Farm Bakery & Kitchen will make deliveries based on the subscription.Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
(5) An agreement regarding the purchase and delivery of products is valid for a definite period of time. The agreement is concluded after acceptance of the offer, by ordering, and compliance with the associated conditions. Acceptance of the offer will be confirmed to you electronically. As long as we have not confirmed the acceptance, you can dissolve the agreement. If you opt for a subscription, the agreement is valid for an indefinite period and is concluded by our acceptance of your subscription, which will be confirmed to you. For additional products, on top of your subscription, that are ordered or co-ordered once, the agreement has been entered into for a definite period of time, equivalent to a one-time order via the webshop/website.
(6) TLANT Farm Bakery & Kitchen likes to surprise you every now and then with extra products, such as a sample, free products and/or offers from third parties. However, you cannot derive any rights from the receipt of additional products or services, for example by promoting them through our channels and/or social media.
(7) TLANT Farm Bakery & Kitchen has the right to have the agreement performed in whole or in part by third parties.
(8) The execution of the agreement by us is exclusively for your benefit.
5. YOUR OBLIGATIONS
(1) All information that you provide to TLANT Farm Bakery & Kitchen at any time, for example during the ordering process, must be current and truthful. You bear full responsibility for misuse, for example any unlawful order by third parties and the claims arising therefrom. The same applies to the provision of incorrect information when ordering products. TLANT Farm Bakery & Kitchen is not liable for any damage as a result of incorrect information or misuse of data and you indemnify TLANT Farm Bakery & Kitchen against any claims from third parties.
(2) When creating an account, you may not pass on your password to third parties. You must keep the password secure and protected from unauthorized persons and notify us of any loss or transfer. We bear no responsibility and/or liability for failure to properly secure your data or for loss of your password.
(3) You guarantee that you are legally competent and authorized to act and that you are entitled to enter into agreements.
(4) You are obliged to carefully read and observe the product labels, product and operating instructions and warnings accompanying the delivered products. TLANT Farm Bakery & Kitchen is not liable for any damage caused by not following product labels, product and user instructions and warnings and you indemnify TLANT Farm Bakery & Kitchen against any claims from third parties.
(1) The time windows for delivery as stated by us or confirmed to you are indicative. The delivery day chosen by you and/or the time window chosen by you may deviate, among other things, due to unforeseen circumstances, force majeure or in connection with public holidays.
(2) In certain cases, TLANT Farm Bakery & Kitchen may charge additional costs for delivery. The costs charged for the delivery of the products ordered by you are always communicated in advance.
(3) Unfortunately we cannot guarantee delivery times. If we are late, we are not liable for late deliveries.
(4) We only deliver products after payment. If payment has not been made or has failed, you cannot assert any rights with regard to the execution of the order in question before payment has been made.
(5) We deliver in all countries mentioned in article 3.3 of these terms and conditions.
(6) If the agreement concerns a gift voucher, voucher or discount code, it will be sent by e-mail.
(7) We deliver to the address you specified as the delivery address when placing your order. A change of address does not apply to a delivery address already specified in the context of an order already placed or in the context of an agreed subscription, where the change of address has not been communicated before the specified deadline (at the latest one week before the planned delivery).
(8) You are obliged to ensure that the personal delivery of the products to the delivery address specified by you and/or during the time window specified by you is possible. If delivery is not possible, you are in default of acceptance; any costs and damage will then be for your account.
(9) If the personal delivery of the products is not possible, the agreement can be fulfilled by offering the products to neighbors or by placing them in front of the house. Delivery in this way is entirely at your risk and TLANT Farm Bakery & Kitchen is not responsible for any spoilage or disappearance of the products. The delivery note is not binding and TLANT Farm Bakery & Kitchen may deviate from this, for example in the event of (extreme) weather conditions where the quality of the products can no longer be guaranteed or in other cases of force majeure.
(10) We are authorized to suspend the execution of the agreement or to dissolve the agreement with immediate effect, if you do not, not timely or not fully comply with the obligations or conditions, if circumstances have arisen that give rise to fear that you will not comply can meet the payment obligation or we cannot be required to fulfill the agreement.
(11) All delivered goods remain the property of TLANT Farm Bakery & Kitchen until you have fully complied with all conditions.
7. PRICES AND SHIPPING COSTS
(1) Prices include sales tax and exclude shipping costs, unless otherwise stated. The prices are in Euros.
(2) A surcharge may apply for certain and/or additional products, such as (additional) (fresh) products. The additional prices are stated and will be charged when ordering the products you have chosen.
(3) The claims of TLANT Farm Bakery & Kitchen are immediately due and payable.
(4) For payment, you can only use the payment options agreed and specified with the order. You are obliged to pay within the agreed payment term.
(5) TLANT Farm Bakery & Kitchen is at all times entitled to adjust the prices, unless an order has already been accepted by us. No rights can be derived from the prices of products or offers for future orders. In the case of a subscription, TLANT Farm Bakery & Kitchen is also authorized to change the prices, but we will inform you of this at least 14 days in advance of the commencement date.
(6) TLANT Farm Bakery & Kitchen is not liable for the unavailability or lack of stock of products.
(7) A composite quotation does not oblige the execution of an order for a corresponding part of the quoted price.
(8) Changed circumstances, by whatever name and on whatever basis, cannot be a reason to adjust the prices downwards.
(1) Orders will be charged via the payment method you specified.
(2) It is your responsibility to ensure that your payment method details are valid and current. We accept iDeal, SEPA, Visa, MasterCard, American Express, PayPal, Klarna and Bancontact.
(3) If you choose to pay via PayPal or credit card in the ordering process, the amount will be debited from your PayPal account or credit card.
(4) It is your responsibility to ensure that you have sufficient funds in your IBAN at the time of payment.
(5) If a payment order cannot be executed due to insufficient funds, incorrect or outdated payment details and/or other disputes, the orders can still be shipped. In such cases, TLANT Farm Bakery & Kitchen will make the payment again. We reserve the right to recover the outstanding amount by re-executing the payment via the specified payment method.
(6) Should the attempts to re-execute payment fail, we reserve the right to recover the debt by other means, either directly or through a third party and the associated extrajudicial collection costs on you. to tell.
(7) TLANT Farm Bakery & Kitchen is entitled to suspend the execution of the agreement, such as the delivery of (meal) boxes, if and as long as you as a customer have not (fully) fulfilled your payment obligations.
9. VOUCHERS, DISCOUNT CODES, GIFT VOUCHERS
(1) TLANT Farm Bakery & Kitchen may offer (one-time) gift vouchers, discount codes and/or other variants of vouchers, where activation is necessary, so that customers of TLANT Farm Bakery & Kitchen can receive products. As soon as the voucher, gift voucher or discount code has been redeemed via the website, it can no longer be used or is invalid.
(2) Some products and/or services may be excluded from the discount, such as products at an additional price, one-off (additional) (fresh) products, unless expressly stated otherwise.
(3) Discount codes and vouchers can only be redeemed on the TLANT Farm Bakery & Kitchen website and can only be used once. The discount codes and vouchers cannot be combined with other offers and cannot be exchanged for cash. Please also note that some discount codes are only valid on products designated by us.
(4) Any (attempted) fraud or other unauthorized acts will be registered and will result in the use of the free trial period and/or discount codes being denied. TLANT Farm Bakery & Kitchen has the right to revoke or invalidate discount codes and vouchers if it deems this necessary for whatever reason.
10. LIABILITY OF TLANT FARM BAKERY & KITCHEN
(1) TLANT Farm Bakery & Kitchen is only liable for property and/or personal injury suffered by the customer if that damage arose as a direct and exclusive result of the failure to fulfill an obligation of TLANT Farm Bakery & Kitchen, or if there is is intentional or deliberate recklessness on the part of TLANT Farm Bakery & Kitchen or its employees, on the understanding that only that damage is eligible for compensation against which TLANT Farm Bakery & Kitchen is insured, or should have been insured in reasonableness and fairness.
(2) Liability of TLANT Farm Bakery & Kitchen for indirect damage, including consequential damage, lost profit or income, missed savings, etc. is excluded.
(3) TLANT Farm Bakery & Kitchen is never liable for any damage as a result of the incorrect information you provide to us and/or the loss of your password, and you indemnify TLANT Farm Bakery & Kitchen against any claims from third parties.
(4) TLANT Farm Bakery & Kitchen is never liable for any damage caused by failure to follow product and operating instructions and warnings given by TLANT Farm Bakery & Kitchen, and you indemnify TLANT Farm Bakery & Kitchen against any claims from third parties.
(5) TLANT Farm Bakery & Kitchen is never liable for damage as a result of force majeure, including, for example, but not limited to: strike, illness, pandemics and lockdowns, fire, malfunctions at TLANT Farm Bakery & Kitchen or its suppliers, transport problems, weather conditions, violence, riots, riots or actions by the police and/or fire brigade. Force majeure also includes such unforeseen circumstances at third parties that TLANT Farm Bakery & Kitchen uses when executing the agreement.
(6) Access to the website / webshop is free for all users who have access to the internet. TLANT Farm Bakery & Kitchen makes every effort to make access available 24 hours a day, 7 days a week, but makes no guarantees in this regard. We do not take responsibility for the unavailability of the webshop. We also have the right to carry out maintenance work on the webshop, which means that the webshop may be temporarily inaccessible and we do not accept any liability as a result.
(7) The liability regulations in the previous paragraphs also apply to (personal) liability of organs, employees and auxiliary persons of TLANT Farm Bakery & Kitchen. They can appeal to this.
(1) When processing an order, we process your personal data. To inform you about what happens to your personal data, we use a privacy statement that you can find on our website. Questions about how TLANT Farm Bakery & Kitchen handles your personal data can be addressed to breakfast@TLANT.nl.
(2) If you place an order, TLANT Farm Bakery & Kitchen will use your email address to offer you similar products and services by email. If you no longer wish to receive newsletters, you can unsubscribe or change your preferences at any time. This can be done via the link at the bottom of the emails or via our customer service (breakfast@TLANT.nl). More information about email marketing and the use of your personal data with our other marketing channels can be found on our website.
(3) We take appropriate and organizational measures to secure the electronic transfer of data and we ensure a safe web environment. This also applies to electronic payment.
(4) In the event that communication between you and us takes place using e-mail and/or other forms of (data) traffic, the parties will ensure that virus protection is used. The sending of e-mail and other forms of data traffic is not encrypted, unless the parties have expressly made other agreements about this.
(1) We reserve the right to investigate all accounts and orders that we suspect may be of improper or fraudulent activity.
(2) We reserve the right to block or terminate your order following incorrect or fraudulent activity.
(1) Quality is a top priority at TLANT Farm Bakery & Kitchen and we do everything we can to prevent complaints. You can submit customers by sending an email to email@example.com. We will provide a substantive response to the submitted complaint within five (5) working days.
(2) If you are not satisfied with the way we have handled your complaint, you can report your complaint via the ODR platform of the European Commission. This is a platform set up by the EU for all consumers across Europe.
14. INTELLECTUAL PROPERTY
(1) Our app, website and services are protected by intellectual property rights. The rights to, for example, logos, software, texts and images lie with TLANT Farm Bakery & Kitchen, its group companies and/or with the person from whom we have received a license. It is not permitted to publish, reproduce and/or edit parts of our app, website or services, other than for personal use, without our express permission.
(2) Any representation, reproduction and/or full or partial exploitation of the services offered on the webshop / website and the aforementioned brands is strictly prohibited and may also constitute a criminal offense within the meaning of Article 30b and further of the Copyright Act or Article 337 of the Dutch Criminal Code.
(3) You may not disclose or otherwise make available any documents or information to third parties if such use does not arise from the agreement. Those documents are in any case included; quotations, invoices, models or other (whether or not written) expressions, which have been added up by TLANT Farm Bakery & Kitchen. TLANT Farm Bakery & Kitchen has all intellectual property rights to the aforementioned documents.
(4) In the event of violation of an obligation as referred to in this article of the general terms and conditions, you owe us an immediately due and payable fine of € 25,000.00 for each violation as well as € 1,000.00 for each day or part of a day that the violation continues, without prejudice to our right to claim (full) compensation in addition to the fine, as well as without prejudice to all other rights of us.
(1) You have the right to cancel the order for this additional product within a period of fourteen (14) days from the delivery of certain products, without giving reasons. You cannot revoke products with a limited shelf life (including fresh products). The shipping costs of returning the product are for your own account.
(2) To revoke the agreement, you can use the model form which can be found in Appendix I of these general terms and conditions.
(3) During the cooling-off period you are obliged to store the product and the packaging carefully. This means that the product cannot be unpacked or opened. You may only use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle is that this is the same as inspecting / viewing a product in a store. If you nevertheless handle the product in a different way contrary to the provisions of this paragraph, your right of withdrawal will lapse or you will be responsible and liable for the decrease in value.
16. OTHER PROVISIONS
(1) All agreements, offers and orders between/from TLANT Farm Bakery & Kitchen and the customer, to which these general terms and conditions apply, are exclusively governed by Dutch law. Any conditions used by you are never applicable.
(2) All disputes arising from the agreement between TLANT Farm Bakery & Kitchen and you as a customer will be adjudicated exclusively by the Court of 's-Hertogenbosch.
(3) Should a provision in these general terms and conditions or in the agreement be or become invalid, the remaining provisions will remain valid. In that case, the invalid provision will be replaced by a new provision that corresponds to the old as much as possible in terms of content, scope and/or objective.
TLANT Netherlands B.V. – October 2021
APPENDIX I - MODEL FORM FOR WITHDRAWAL
TLANT Netherlands B.V.
5061 PA Oisterwijk
I/We (*)____________________ hereby give notice to you that I/we (*) revoke/revoke our contract for the sale of the following goods/provision of the following service (*)____________________ (*)
Ordered on (*)____________________ /Received on (*)______
Name(s) consumer(s) ____________________
Address consumer(s) ____________________
Signature of consumer(s) (only when this form is submitted on paper)
(*) Strike out what does not apply