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Conditions of Flames: Our Hot Sauce Terms

-   Terms & Conditions  -

Identity of the entrepreneur

PiCaribe

Kerkuil 15

4822PB, Breda

The Netherlands

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Email: info@picaribe.nl

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KVK: 91531527

BTW(NL): NL004898636B13

Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.

  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 can be read by the 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

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

The offer

  1. If an offer has a limited period of validity or is made 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 good 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 the entrepreneur.

  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 3, at the time of acceptance by the consumer of the offer and compliance with the conditions set.

  2. If the consumer has accepted the offer electronically, the entrepreneur 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, the consumer can terminate 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

  4. The entrepreneur can, 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, based on this investigation, the entrepreneur has good reasons not to agree, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

  5. The entrepreneur will send the following information to the consumer at the latest 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:

    1. The visiting address of the entrepreneur's branch where the consumer can go with complaints

    2. The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal

    3. The information about warranties and existing after-sales service

    4. 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 execution of the distance contract

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

    6. If the consumer has a right of withdrawal, the model withdrawal form.

    7. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.​

Right of withdrawal

  1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).

  2. The cooling-off period referred to in paragraph 1 starts 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:

    1. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, 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 multiple products with different delivery times.

    2. 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 part;
      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, received the first product.

Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and 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 basic principle here is that the consumer may only handle and inspect the product as he would in a store.

  2. The consumer is only liable for any reduction in value of the product that is the result 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 time of agreeing.

Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.

  2. As soon as possible, but within 14 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 complied with the return period if he returns the product before the cooling-off period has expired.

  3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and by the reasonable and clear instructions provided by the entrepreneur.

  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.

  6. If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer is the entrepreneur. amount due that is proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.

Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.

  2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.

  3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Exclusion of the right of withdrawal

The entrepreneur 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 before agreeing:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

  2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services

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 previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated 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 legal 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:

    1. these are the result of legal regulations or provisions

    2. the consumer has the right 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.

Compliance and additional 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. 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 under the agreement if the entrepreneur has failed to fulfill his part of the agreement.

  3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has failed to fulfill his part of the agreement. .

Delivery and execution

  1. The entrepreneur will exercise the utmost 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 communicated to the entrepreneur.

  3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

  4. After dissolution by the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

  5. 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 expressly agreed otherwise.

Duration transactions: duration, cancellation, and extension

Termination:

  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 (including electricity) or services at any time, taking into account 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 fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of at least maximum one month.

  3. The consumer can terminate the agreements referred to in the previous paragraphs:

    1. Cancel at any time and not be limited to cancellation at a certain time or in a certain period;

    2. At least cancel in the same manner as they were entered into by him;

    3. Always cancel with the same notice period as the entrepreneur has agreed for himself.

 

Extension:

  1. An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.

  2. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.

  3. 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 cancels 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.

  4. A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

 

Duration:

  1. 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 duration.

Payment

  1. Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after agreeing. In the case of an agreement to provide a service, this period starts 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 general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

  3. The consumer must immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

  4. If the consumer does not fulfill his payment obligation(s) on time, he is, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the If payment is not made within these 14 days, statutory interest will be owed on the amount still owed 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. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.

Complaints procedure

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

  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur 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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Disputes

  1. All products that PiCaribe sells are used entirely at your own risk. Users agree to understand potential hazards arising from improper use.

  2. PiCaribe cannot be held responsible for damage caused by incorrect or unwise use of our products.

  3. People with food allergies are advised to read the ingredients list on the product pages as well as the original label on the product. PiCaribe is not responsible for suffering or damage caused by allergies or irresponsible use of our products.

  4. PiCaribe recommends that users use spicy products as a food supplement. These products can potentially cause serious injury if consumed directly or applied to the skin, eyes, or other superficial organs.

  5. When products from our range are given as a gift, the gift giver must inform the recipient of all possible dangers of using the products unwisely and point out the ingredients list to him/her, so that injuries are prevented.

  6. PiCaribe, its resellers, its employees, its suppliers, its distributors, and/or manufacturers will not be sued or prosecuted for possible damage that the buyer or his loved ones have suffered or may have suffered, through the consumption or use of our products.

  7. The buyer declares to use his purchases only when he can make informed decisions. The buyer will not use/consume his purchases if he/she is under the influence of alcohol or if, for whatever reason, he/she cannot make an informed decision.

Additional or deviating provisions

  1. Agreements 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. In the event of disputes, the Dutch version of these General Terms and Conditions always prevails.

  3. The Vienna Sales Convention does not apply.

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