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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercising the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur upon withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and performance
Article 14 – Duration transactions: duration, cancellation and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions

Article 1 – Definitions
In these terms and conditions:
1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of a agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person (Chef Furniture) who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and Chef Furniture having to meet in the same room at the same time.

Article 2 – Identity of the entrepreneur
Entrepreneur name: Chef Furniture
Business address: Houtturner 17 7951 ZB, Staphorst
Telephone number: 0522-700209 available on Monday to Saturday from 09:00 to 17:00
E-mail address: info@cheffurniture.nl
Chamber of Commerce number: 69699135
VAT identification number: NL857973095B01

Article 3 – Applicability
1. These general terms and conditions apply to every offer from Chef Furniture and to every distance contract concluded between Chef Furniture and the 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, Chef Furniture will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to 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 they can be read by the consumer. consumer 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 inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
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 the consumer can always invoke the applicable provision that is most relevant to him in the event of conflicting terms and conditions. is favorable.

Article 4 – The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind Chef Furniture.
3. 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;
– the way in which the agreement will be concluded and which actions are required for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and performance of the agreement;
– the term for acceptance of the offer, or the term within which Chef Furniture guarantees the price;
– the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
– whether the agreement will be archived after the conclusion, and if so, on which file
the manner in which it can be consulted by the consumer;
– the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
– any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
– the minimum duration of the distance contract in case of a duration transaction.

Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, Chef Furniture will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, Chef Furniture can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, Chef Furniture can inform itself 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, Chef Furniture has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5. Chef Furniture will send the following information to the consumer no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the Chef Furniture branch where the consumer can go with complaints;
b. 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;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
By products:
1. The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 30 days without giving reasons. Chef Furniture may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences 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:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a material carrier:
3. The consumer can dissolve a service contract and a contract for the delivery of digital content that has not been delivered on a material carrier for at least 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if information is not provided about the right of withdrawal:
5. If Chef Furniture has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period, determined in accordance with the previous paragraphs of this article.
6. If Chef Furniture 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 30 days after the day on which the consumer received that information.

Exception to customization:
At Chef Furniture, the consumer cannot claim the right of withdrawal with regard to personalized custom orders. Chef Furniture is obliged to deliver the products as agreed. If the custom order has not been delivered as agreed, and the fault for this demonstrably lies with Chef Furniture, then it will be discussed with the consumer what can be done to still deliver it as desired.

Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising the right of withdrawal by the consumer and costs thereof
1. If the consumer makes use of his right of withdrawal, he must report this to Chef Furniture within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if Chef Furniture indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that has not been prepared for sale commence in a limited volume or specific quantity during the cooling-off period, the consumer is the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
prior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
8. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of Chef Furniture upon withdrawal
1. If Chef Furniture makes the notification of withdrawal by the consumer electronically possible, it will immediately send a confirmation of receipt after receipt of this notification.
2. Chef Furniture will immediately reimburse all payments made by the consumer, but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless Chef Furniture offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3. Chef Furniture only reimburses the return costs when a product is damaged, incomplete or does not function properly. Chef Furniture does not reimburse delivery costs when a product is purchased to try out or the like.
4. Chef Furniture uses the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
5. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Chef Furniture does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion right of withdrawal
Chef Furniture can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1. Products or services whose price depends on fluctuations in the financial market over which Chef Furniture has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Products that are irrevocably mixed with other products after delivery due to their nature;
7. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
8. The delivery of digital content other than on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – 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. Contrary to the previous paragraph, Chef Furniture can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on 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 has the authority to cancel 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.

Article 12 – Compliance with the agreement and extra guarantee
1. Chef Furniture 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 requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations. If agreed, Chef Furniture also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.

3. An additional guarantee is understood to mean any obligation of Chef Furniture, its supplier, importer or producer in which it assigns certain rights or claims to the consumer that go beyond what is required by law in the event that it has failed to fulfill its part of the contract. the agreement.

Article 13 – Delivery and performance
1. Chef Furniture will take the greatest possible care when receiving and executing 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 Chef Furniture.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 70 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 70 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, Chef Furniture will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Chef Furniture until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
6. Chef Furniture also asks to be present at the delivery so that any damage to the goods or that occurs during delivery can be immediately detected on the day of delivery. This must be indicated by the customer at the time of delivery . In addition, the customer must report this to Chef Furniture within two working days after delivery, which you can do via info@cheffurniture.nl. In the event of default by the customer (after 2 days), Chef Furniture is not liable. If there is no opportunity to check the delivered goods upon delivery, this must be stated by the customer via an email to info@cheffurniture.nl.

Article 14 – Duration transactions: duration, cancellation and renewal
Cancellation:
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month. .
3. The consumer can use the agreements referred to in the previous paragraphs:
– cancel at any time and not be limited to cancellation at a specific time or in a specific period;
– cancel at least in the same way as they have been entered into by him;
– always cancel with the same notice period as the entrepreneur has stipulated for itself.
Extension:
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed term.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has extended this can terminate the agreement by the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is 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.
Duration:
7. If an agreement has a duration of more than one year, the consumer 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. to postpone.

Article 15 – Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to Chef Furniture.
4. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the statutory interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500.= and 5% on the next € 5,000.= with a minimum of € 40.=. Chef Furniture may deviate from the stated amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure
1. Chef Furniture has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to Chef Furniture within a reasonable time 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, Chef Furniture will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. The consumer must give Chef Furniture at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes
1. Only Dutch law applies to agreements between Chef Furniture and the consumer to which these general terms and conditions apply.

Article 18 – Additional or deviating provisions
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 data carrier.

Annex I: Model withdrawal form

Model withdrawal form

(only fill in and return this form if you want to cancel the contract)

– To: Chef Furniture
Setheweg 14A
7942 LB Meppel
info@cheffurniture.nl

– I/We* share(s)* hereby informing you that I/We* concerning our agreement
the sale of the following products: [description of product]*
the delivery of the following digital content: [digital content designation]*
the provision of the following service: [designation of service]*,
revoked/revoked*

– Ordered on*/received on* [date of order for services or receipt for products]

– [Name of consumer(s)]

– [Address consumer(s)]

– [Signature consumer(s)] (only if this form is submitted on paper)

* Strike out what is not applicable or fill in what is applicable.

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