General conditions

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 the right of withdrawal.
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Workshops
Article 17 - Additional or different provisions

Article 1 - Definitions.

In these terms and conditions, the following definitions shall apply:

Reflection time: the period within which the consumer can exercise his right of withdrawal;
Consumer: The natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Day: calendar day;
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;
Durable data medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a manner that permits future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal.
Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;
Remote Agreement: an agreement under 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, exclusive use is made of one or more techniques for distance communication;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

HW Lifestyle & Home B.V.
Sikkel 32
3274 KK Heinenoord

Phone number: 0186749013
Email address: info@cookersandgrills.nl
Chamber of Commerce number: 74099299
VAT number: on request

Article 3 - Applicability.

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between entrepreneur and consumer.
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 are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer 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 conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions should be judged ‘in the spirit’ of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and modify or withdraw the offer.
The offer contains a complete and accurate description of the products 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 reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the cost of shipping, if any;
- The manner in which the agreement will be established and what actions are necessary to do so;
- Whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- Whether the contract will be archived after its conclusion, and if so in which it can be accessed by the consumer;
- the manner in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically and the minimum duration of the distance contract in the case of a duration transaction.

Article 5 - The Agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
The entrepreneur may - within legal frameworks - inform himself 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 grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
- the visiting address of the trader's branch where the consumer can address complaints;
- the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
- the information on warranties and existing after-purchase service;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

Applicable only to online purchases (distance selling) by private individuals. Business purchases are excluded from the right of withdrawal.

On delivery of products:

The consumer may dissolve a contract relating to the purchase of a product during a 30-day cooling-off period without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s). The cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its 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 exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known using the return form. After the consumer has made it known that he wants to use his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods with all delivered accessories have been returned on time, for example through a proof of shipment.
If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium during a 30-day cooling-off period without giving any reason. The operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of withdrawal/cancellation

If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be for his account (indication costs parcel shipment €7 to €15). If the product cannot be returned by regular parcel post, there is also the possibility for consumers to return the product by freight transport (indicative costs €50).
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided.
During the cooling-off period, consumer may unpack or use the product as he would in a store. If the consumer uses the product in such a way that it is no longer in ‘store condition,’ the entrepreneur may pass on the depreciation of the product to the consumer. Read more about this at Returns & Exchanges.
The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this must be done before the conclusion of the purchase agreement.
For contracts where the right of withdrawal does not apply, in case of cancellation the consumer will owe 20% of the original purchase price to the entrepreneur. This amount must be paid to entrepreneur within 14 days after cancellation. If the entire order has already been paid by consumer then the refund will be offset against the cancellation fee.

Article 8 - Exclusion of the right of withdrawal.

The entrepreneur can exclude the consumer's right of withdrawal 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 contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been made by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- For single newspapers and magazines;
- For audio and video recordings and computer software for which the consumer has verboRed the seal;
- For hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
- The delivery of which began with the consumer's express consent before the expiration of the cooling-off period;
- Regarding betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, 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 conclusion of the contract. If agreed in writing, the entrepreneur also guarantees that the product is suitable for other than normal use.
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.
Defects or damaged products delivered must be reported to us within 7 days of receipt. Products must be returned in their original packaging and unused.
The entrepreneur's warranty period corresponds to the manufacturer's 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.
The warranty does not apply and/or is void if:
- The consumer has repaired and/or processed and/or modified the delivered products himself or had them repaired and/or processed and/or modified by a third party.
- The delivered products have been exposed to abnormal conditions or otherwise treated carelessly and/or negligently or contrary to the instructions of the entrepreneur and/or on the packaging.
- The inadequacy results in whole or in part from regulations that the government has made or will make regarding the nature or quality of the materials used.
Additional conditions barbecue tables and outdoor kitchens:
- The warranty period on outdoor kitchens, barbecue tables and other outdoor products made of wood is one year.
- The barbecue table or outdoor kitchen should be and remain on a paved and stable surface at all times.
- The barbecue should be placed on a proper table stand or adequate heat-resistant surface at all times and not directly on the woodwork.
- If the barbecue table or outdoor kitchen is not in use, consumer is obliged to cover it in a timely manner with a matching and proper cover, put it under an adequate canopy or properly inside a shed or gazebo. Notice! A cover or tarpaulin protects against UV radiation, discoloration and moisture but is never completely waterproof. The barbecue table or outdoor kitchen is only fully protected from the weather if it is placed under an adequate roof or indoors.
- Consumer shall regularly maintain the barbecue table or outdoor kitchen with the appropriate cleaning and impregnating agents available on the market.
- If damage or defects or whatever adverse influences occur due to not, or at least not properly following the above instructions, consumer can not recover this from entrepreneur, not even under warranty.
- Wood is a natural product and can work under the influence of weather conditions and humidity. Unevenness and/or deviations in the wood such as, but not exclusively, curvature, cracks, chinks and crevices caused by the working of the wood and/or other materials by moisture and/or temperature changes or by improper use are not covered by the warranty.
- A table or kitchen top made of natural stone or concrete can have uneven or discolored surfaces over time. Stains or whatever adverse effects may also occur if grease or other liquids are left on the top for too long. This is not covered by the warranty and does not, however, count as a defect or flaw in the construction of the product.
- Slight discrepancies in previously indicated dimensions, weight, colors and similar data shall not count as a shortcoming or defect in the construction of the product. This also applies to indicated product photos. Consumer accepts the aforementioned discrepancies as products may be handmade and products cannot be identical in this context.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer should give the entrepreneur a longer and reasonable delivery period. If delivery remains delayed, the consumer may cancel the order free of charge.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
In case of dissolution according to the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.
Consumers should take the following precautions prior to delivery:
- The products should be able to be put inside or in the garden in a simple way without cumbersome movements such as tilting/prying/long lifting.
- The products are driven into the garden or inside with a pump truck or trolley. The consumer must make provisions for free unobstructed passage, and ensure that obstacles and unevenness are removed.
- If the products cannot be delivered in the above manner, this is entirely the responsibility of the consumer. The products can then be placed in another suitable place in consultation with consumer or offered again at another time.

Article 12 - Duration transactions: duration, termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period of time that involves the regular delivery of products or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract that was entered into for the regular delivery of products or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may enter into the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a particular time or period;
- terminate at least in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

A contract entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited-term agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
For complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer has the option of having his complaint handled by an independent disputes committee, the decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this arbitration committee, which the consumer must pay to the committee in question.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Workshops

The conditions within this article apply to all consumer offers and agreements regarding barbecue workshops.
An agreement relating to attending a barbecue workshop for a set date is established by the consumer submitting a registration form via the website or by registering via e-mail. Upon receipt of the registration, participation is confirmed in writing by the entrepreneur. The registration is thus final.
By registering/registering, the consumer declares to have taken note of the general terms and conditions of the entrepreneur and to have accepted these general terms and conditions unconditionally and without reservation.
All workshops are held subject to sufficient enrollment.
Entries will be considered in order of receipt.
Cancellation of a workshop by a consumer must be made in writing no later than 14 days prior to the start of the workshop.
Cancellation is free of charge up to 14 days before the start of the barbecue workshop. For later cancellation, consumer will owe 100% of the participation fee and/or booking fee.
Failure to appear will result in 100% of the participation fee being due.
Operator reserves the right to make organizational and content changes with respect to workshops as well as cancel workshops or make changes.
The consumer must pay the participation fee for the barbecue workshop in full and in the manner indicated within 14 days of registration, unless otherwise expressly agreed in writing with the entrepreneur. Failure to meet the payment deadline on time will result in the cancellation of the registration without any notice and the consumer can no longer claim participation in the barbecue workshop or a refund of participation fees and/or booking fees.
Any participation in a workshop is at the consumer's own responsibility and risk. Professional catering attributes such as sharp knives will be used. Caution is advised with this.
Entrepreneur is not liable for damage, missing, loss or theft of personal property or any property of consumer.
Entrepreneur is not liable for damages caused because Entrepreneur relied on incorrect and/or incomplete information provided by the consumer.
Entrepreneur is never liable for consequential damages and excludes any liability for damages or accidents occurring at the venue.

Article 17 - Additional or different provisions

Additional provisions or provisions deviating from these general 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.