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Terms and Conditions & Privacy Policy

Terms and Conditions


Table of contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Compliance and warranty

Article 11 – Delivery and implementation

Article 12 – Duration transactions: duration, cancellation and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or different stipulations

 

Article 1 – Definitions

In these conditions the following terms have the following meanings:

 

1. Reflection period : the period within which the consumer can exercise his right of withdrawal;      

2. Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;      

3. Day : calendar day;      

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

5. Durable data carrier : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.      

6. Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the cooling-off period;      

7. Model form : the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.      

8. Entrepreneur : the natural or legal person who offers products and / or services to consumers at a distance;      

9. Distance contract : an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, only one or more communication techniques are used. at a distance;      

10. Technology for distance communication : means that can be used for the conclusion of an agreement, without the consumer and entrepreneur coming together in the same room at the same time.  

11. General Conditions : the present General Conditions of the entrepreneur.  

 

Article 2 – Identity of the entrepreneur

Beans & Bars BV, De Gheijnstraat 51 , 2562NL The Hague

Chamber of Commerce: 74922165

VAT: NL860074389B01

 

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.      

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.      

3. 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 consumer electronically in such a way that it is consumer can be easily stored 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 by electronic means or otherwise at the request of the consumer.      

4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. most beneficial.      

5. If one or more provisions in these general terms and conditions are in whole or in part void or destroyed at any time, the agreement and these terms and conditions will continue to apply and the provision in question will be replaced by a provision in mutual consultation without delay. that approximates the tenor of the original as much as possible.      

6. Situations that are not regulated in these general conditions must be assessed  in the spirit  of these general conditions.      

7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained  in the spirit  of these 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.      

2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.      

3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.      

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

5. Pictures with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.      

6. 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:      

· The price including taxes;          

· Any costs of delivery;          

· How the agreement will be achieved and what actions they require;          

· Whether to apply the right of withdrawal;          

· The method of payment, delivery and performance of the contract;          

· The period for accepting the offer, or the period within which the entrepreneur guarantees the price;          

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

· Whether the contract is filed after conclusion and, if so, how it can be consulted by the consumer;          

· The way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired;          

· Any other languages in which, in addition to Dutch, the contract can be concluded;          

· The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and          

· The minimum duration of the distance contract in the event of an extended transaction.          

 

 

 

 

 

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.      

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.      

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.      

4. The entrepreneur can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.      

5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:      

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

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

c. information about guarantees and existing after-sales service;

d. in Article 4 paragraph 3 of these conditions included data, unless the operator this information already provided to the consumer v oo r the implementation of the agreement;

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

6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.      

7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.      

 

Article 6 – Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.        

2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.        

3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has made known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.        

4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal, resp. the product has not been returned to the entrepreneur, the purchase is a fact.        

When providing services:

5. When providing services, the consumer has the option to dissolve the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.        

6. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest upon delivery.        

 

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, at most the costs of return will be for his account.      

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.      

3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.      

4. The consumer cannot be held liable for a depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.      

 

 

Article 8 – Exclusion of right of withdrawal

1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.      

2. Exclusion of the right of withdrawal is only possible for products:      

a. that have been created by the entrepreneur in accordance with the consumer’s specifications;

b. which are clearly of a personal nature;

c. which cannot be returned due to their nature;

d. that can spoil or age quickly;

e. whose price depends on fluctuations in the financial ë le market on which the entrepreneur’s control;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygiene ë tronic products for which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:      

a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;

b. whose delivery has begun with the express consent of the consumer before the reflection period has expired;

c. concerning bets and lotteries.

 

 

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.       

2. Notwithstanding the preceding paragraph, the operator products or services whose prices are subject to fluctuations in the financial ë le market and where the entrepreneur has no control, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.       

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.       

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:       

a. they are the result of statutory regulations or provisions; or

b. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.       

6. All prices are subject to pressure  errors. For the consequences of pressure  and misprints no liability is accepted. With pressure  errors the trader is not obliged to deliver the product according to the erroneous price.       

 

Article 10 – Compliance and Warranty

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

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.        

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.        

4. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.        

5. The warranty does not apply if:        

· Consumers themselves have repaired the products and / or processed or has repaired and / or manipulate others;          

· The products delivered to abnormal conditions have been exposed or otherwise handled carelessly or contrary to the instructions of the operator and / or packaging are handled;          

· The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.          

 

Article 11 – Delivery and implementation

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.       

2. The place of delivery is the address that the consumer has made known to the company.       

3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.       

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

5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.       

6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.       

7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and representative announced to the entrepreneur, unless expressly agreed otherwise.       

 

Article 12 – Duration transactions: duration, cancellation and extension

Cancellation

1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at all times with due observance of the agreed cancellation rules and a notice period of no more than one month.      

2. The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period. up to one month.      

3. The consumer can the agreements mentioned in the previous paragraphs:      

Cancel at any time and not be limited to cancellation at a specific time or in a specific period;          

· Terminate them in the same way as they are concluded;          

· Always cancel with the same notice period as the entrepreneur has stipulated for himself.          

Extension

4. A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.        

4. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a limited period of up to three months, if the consumer extended it. can terminate the agreement by the end of the extension with a notice period of no more than one month.         

5. A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can cancel at any time with a notice period of up to one month and a notice period. of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.      

6. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.      

Expensive

7. If a contract has a duration of more than one year, the consumer contract after one year may withdraw a notice of up to one month, unless the reasonableness and fairness against termination v oo the end of the r reschedule the agreed duration.      

 

Article 13 – Payment

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

2. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.       

3. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.       

 

Article 14 – Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.      

2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.      

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur 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.      

4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.      

5. In case of complaints, a consumer must first turn to the entrepreneur. If a solution is still not found, it is possible to report complaints via the European ODR platform ( http://ec.europa.eu/odr ).      

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.      

7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.      

 

Article 15 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.       

2. The Vienna Sales Convention does not apply.       

 

Article 16 – Additional or different stipulations

Additional or deviating provisions from these general 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.

Privacy Policy

At Dusk Chocolate, accessible from duskchocolate.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Beans & Bars B.V. and how we use it.


If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.


This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Beans & Bars B.V.. This policy is not applicable to any information collected offline or via channels other than this website.


Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.


Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.


If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.


When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.


How we use your information

We use the information we collect in various ways, including to:


Provide, operate, and maintain our webste

Improve, personalize, and expand our webste

Understand and analyze how you use our webste

Develop new products, services, features, and functionality

Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the webste, and for marketing and promotional purposes

Send you emails

Find and prevent fraud

Log Files

Beans & Bars B.V. follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information. Our Privacy Policy was created with the help of the Privacy Policy Generator and the Disclaimer Generator.


Advertising Partners Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of Beans & Bars B.V..


Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Beans & Bars B.V., which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.


Note that Beans & Bars B.V. has no access to or control over these cookies that are used by third-party advertisers.


Third Party Privacy Policies

Beans & Bars B.V.’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.


You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.


CCPA Privacy Rights (Do Not Sell My Personal Information)

Under the CCPA, among other rights, California consumers have the right to:


Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.


Request that a business delete any personal data about the consumer that a business has collected.


Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.


If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.


GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:


The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.


The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.


The right to erasure – You have the right to request that we erase your personal data, under certain conditions.


The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.


The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.


The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.


If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.


Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.


Beans & Bars B.V. does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

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