General terms and conditions webshop
1. Offer
The information displayed on the Website regarding the Products.
2. Customer You, the natural person (Consumer) or legal entity purchasing a Product from The Vegan Saint via the Website.
3. Agreement The agreement for the online (distance) supply of Products between The Vegan Saint and you as a Customer and all further actions between The Vegan Saint and the Customer concerning the supply of these products.
4. Products
Products to be supplied or supplied by The Vegan Saint to you as a Customer, which in any case include freshly prepared organic vegetable and fruit juices, and also all future products to be supplied.
5. Written (Digital) communication by letter, email, social media and similar online communication services.
6. Website The Internet website of The Vegan Saint, namely <www.thevegansaint.nl> and all derived current and future variants thereof.
7. Work Any creation or Product supplied by The Vegan Saint within the framework of the Agreement.
Article 3: Applicability
1. These General Terms and Conditions apply to every Offer and the (execution of the) distance Agreement between The Vegan Saint and you as a Customer. This also includes the Offer and the shipment of your Products. The General Terms and Conditions thus form the Agreement between you and The Vegan Saint.
2. The General Terms and Conditions are available on the Website and will be made available to you (electronically provided) before or upon conclusion of the Agreement. When placing an order via the Website, you must therefore tick a box linked to these General Terms and Conditions.
3. General terms and conditions of the Customer, or any other third-party terms and conditions, do not apply.
4. The preceding paragraphs remain in force when specific product conditions apply simultaneously. As a Customer, you can invoke the most favourable provision in case of conflict.
5. The Vegan Saint may unilaterally change these General Terms and Conditions. The most current version can be found on the Website.
Article 4: Formation of Agreement; offer and acceptance
Offer
1. The Offer of The Vegan Saint is shown on the Website. The Offer includes in any case a photo, the price, sizing, mention of used ingredients and packaging material, possible allergens, the weight, functionality and country of production. With the information shown, you as a Customer can make a good assessment of the Product. It is also clear to you what rights and obligations are associated with the purchase of the Product.
2. The Vegan Saint tries to display the Products as accurately as possible in the photos on the Website. However, due to lighting, technical settings and depending on the device you use, the colours of the Products on the Website may differ from the colour of the actual Products.
3. The scent, taste, composition and colour of Products depend on the ingredients used. Because fresh ingredients are used that depend on, among other things, size, shape, weather, season and harvest, The Vegan Saint cannot give any scent, taste, composition and/or colour guarantee.
4. The Vegan Saint is entitled to change the content of the Offer in the interim for reasons of qualitative improvement.
5. The Vegan Saint is entitled to introduce discounts.
6. The Vegan Saint cannot be held to its Offer if you as a Customer could reasonably assume that the Offer, or a part thereof, contains an obvious mistake or error.
Acceptance
7. The Agreement between you and The Vegan Saint is formed when you accept The Vegan Saint's Offer and meet the conditions set by The Vegan Saint. This is the moment when you as a Customer click the 'place order' button on the Website after entering your details.
8. Immediately after placing the order and completing the payment, you will receive an email confirmation of acceptance of The Vegan Saint's Offer; the receipt confirmation or your purchase. A payment obligation also arises for you as a Customer.
Amendment
9. If during or after the formation of the Agreement it appears that the Product is not (no longer) in stock, The Vegan Saint will inform you of this immediately in Writing. In that case, you can:
- dissolve the Agreement. Your payment will be refunded within 14 (fourteen) days in the same way you paid;
- suspend the delivery of the Product until the Product is back in stock. The Agreement between you and The Vegan Saint remains unchanged, with the only change being that you then agree to a later delivery. The Vegan Saint will inform you of the expected later delivery time.
Article 5: Products
Cooling and storage advice
1. It is advised to follow the cooling and storage advice as stated on the label of the delivered products. This label states that the Products are perishable and must be consumed within 5 (five) days. Furthermore, it states that these are raw products that must always be stored refrigerated.
Conformity, legal guarantee and extra guarantee
2. The Vegan Saint strives to ensure that the products comply with the specifications stated in the Offer, the reasonable requirements of soundness and/or usability and the laws and regulations in force on the date of the formation of the Agreement. The Vegan Saint adheres to its established hygiene code which complies with the requirements of the Netherlands Food and Consumer Product Safety Authority.
3. The products of The Vegan Saint are not medical products and do not serve as a supplement and/or replacement for medical advice. No (medical) rights and/or conclusions can be derived from them.
4. The reasonable warranty period varies per Product. The term will depend on the Product and the circumstances.
5. You cannot transfer the warranty to a third party (someone else).
6. A (additional) guarantee provided by The Vegan Saint, its suppliers, manufacturers or importers never limits the legal rights and claims you as a Customer have under the Agreement if The Vegan Saint has failed to fulfil its part of the Agreement.
7. An extra guarantee means any commitment by The Vegan Saint, its suppliers, importers or producers in which they grant you certain rights or claims that go beyond what they are legally obliged to do if they fail to fulfil their part of the Agreement.
Duty to investigate + complaints
8. As a Customer, you must examine the Products as soon as possible, in any case within 24 hours of receipt, and assess whether they meet the quality and quantity customary in normal (commercial) traffic. This includes, among other things, examining whether the delivered products are complete, fresh and undamaged. For example, open a bottle.
9. Complaints must be communicated to The Vegan Saint in writing, clearly and substantiated with photos within a reasonable period (24 hours) after the defect arises.
10. The following complaints will not be processed:
- differences in smell and taste, whether or not as a result of a modified recipe of Products;
- differences in smell, colour or other differences, whether or not as a result of a modified composition of the Product;
- Products that have not been treated by the Customer in accordance with The Vegan Saint's cooling and storage advice (see article 5 paragraph 1).
11. The Vegan Saint strives to answer complaints in writing and with reasons within 14 (fourteen) days of receipt. If The Vegan Saint expects a longer response time, it will indicate this as soon as possible.
12. As a Customer, you give The Vegan Saint at least 2 (two) weeks to resolve a complaint in mutual consultation. After this period, the complaint is subject to dispute resolution, see article 14 of these General Terms and Conditions.
13. If the complaint is found to be justified, you as a Customer are entitled to repair, replacement (re-delivery) or to waive re-delivery. In this regard, minor deviations, deviations customary in the industry and properties specific to the product or brand concerned, such as quality, quantity, size, colour or finish, cannot be attributed to The Vegan Saint.
14. Submitting a complaint does not give you grounds to not comply with your payment obligations. In the case of an order with multiple products, the complaint regarding one of those products does not affect the obligations arising from the Agreement with regard to the other products.
Article 6: Delivery
Delivery
1. Delivery of the Products takes place after you have paid the full amount within the delivery period stated on the Website and with the delivery service made available by The Vegan Saint and the associated conditions and rates.
2. The Products are transported and delivered fully chilled or frozen by the carrier offered by The Vegan Saint.
3. The place of delivery is the address you provided to The Vegan Saint via the Website. Reference is made to article 8 paragraph 2 of these terms and conditions.
4. The Vegan Saint may:
- engage third parties for the execution of the Agreement. The necessary care will be observed in this regard. However, The Vegan Saint is not liable for any shortcomings of these third parties.
- deliver your order, if applicable, in parts.
5. The Vegan Saint strives to deliver the Products within the delivery period mentioned on the Website. The agreed or stated delivery period for the Products is an indication and not an exact delivery date. In the event of late delivery, you as a Customer are not entitled to dissolution or compensation. In such a case, The Vegan Saint will contact you to determine the delivery date in consultation.
6. At the latest upon the formation of the Agreement, i.e. before you click 'complete payment', The Vegan Saint will provide you with the following information in Writing: price of the Product and additional shipping costs, Customer's payment method, contact details of The Vegan Saint and complaint procedure, any right of withdrawal and necessary information and return instructions.
Retention of title
7. Products delivered by The Vegan Saint remain its property until you have fulfilled all your (payment) obligations arising from the agreement and any collections (see article 7 paragraph 9). You must take care of the Products, insure them and prevent the Products from being damaged, spoiled or lost due to, for example, water or fire damage. At the moment The Vegan Saint invokes the retention of title, our Agreement is immediately dissolved. The Vegan Saint has no obligation to pay compensation in this regard. All costs incurred by The Vegan Saint when it invokes the retention of title are for your account as a Customer.
8. The risk of damage and/or loss of the product transfers to the Customer at the moment of delivery, at which point the responsibility of The Vegan Saint ceases.
9. If you refuse to accept the product upon delivery by or on behalf of The Vegan Saint, The Vegan Saint is entitled to store the product at your expense and risk as a Customer.
Presale
10. The Vegan Saint may offer and sell its Products as 'pre-sale'. With a pre-sale, you agree to buy and pay for the Product, but that delivery will take place at a later time. As a Customer, you thus secure the right to purchase and delivery of the Product. Payment takes place immediately upon the formation of the agreement, just like with regular purchases as referred to in article 4 of these terms and conditions. However, the delivery period differs. The expected delivery period and possibly different delivery conditions will be communicated to you with the order confirmation. As a Customer, you will then be informed of the precise delivery date before delivery.
11. Due to the exception mentioned in article 11 of these general terms and conditions, you cannot invoke the right of withdrawal.
Article 7: Rates and Payment
1. The rate in Euros is stated on the Website.
2. Unless otherwise stated, all prices quoted include VAT and exclude shipping costs, special or additional import duties, customs clearance costs and other levies imposed by the government.
3. The Vegan Saint is entitled to adjust the stated prices for promotional purposes such as sales. In this case, it is not possible for you as a Customer to combine promotions; only one promotion per Product is allowed. A price change after the formation of the Agreement does not give you as a Customer the right to dissolution or compensation.
4. Prices and other conditions mentioned in the Offer only relate to that Agreement and therefore do not automatically apply to a new Offer.
5. Shipping costs depend on the country to which you request shipment and are calculated and stated at checkout.
6. If export or import duties apply in the context of shipping, these are for your account. Costs charged by third parties do not form part of the prices and services of The Vegan Saint.
7. For sales to Customers outside the European Union (EU), no sales tax applies; however, they must pay the relevant national import duties.
8. Payment must be made net to The Vegan Saint's bank account, without any discount, deduction or set-off. Payment takes place when checking out the order on the Website. As soon as you as a Customer have clicked 'place order' and selected your bank, you will be led to the banking environment where payment takes place.
9. If you choose (partial) post-payment (only for Customers residing in the Netherlands), the following applies:
- You pay the remainder of the payment in the manner indicated on the invoice, within the payment term stated thereon. Payment must be made within 14 (fourteen) days after the invoice date to The Vegan Saint's bank account. This is a strict deadline. The value date indicated on The Vegan Saint's bank statements is considered the day of payment.
- If payment is not made on time or in full, 'default' will occur immediately after the payment term expires, without any notice of default from The Vegan Saint being required. The Vegan Saint may also suspend or cancel the shipment of the Products without being liable for damages.
- From the moment you are in default until the moment you have paid in full, a delay surcharge will be charged to you. This surcharge consists of 1 (one) percent of the outstanding amount per month that payment is delayed. A part of a month counts as a full month. Legal interest and all extrajudicial costs incurred by The Vegan Saint, including interest (according to the then applicable Decree on compensation for extrajudicial and enforcement costs) for the collection of payment, will also be charged to you. Any payment you make during the default period will first be used to pay all collection costs and only then to pay the outstanding amount on the invoice, even if you give a different instruction.
- The outstanding amount cannot be suspended or set off against a claim you have against The Vegan Saint.
Article 8: Liability
1. The Vegan Saint fully and to the best of its knowledge and ability strives to execute the Agreement conscientiously in accordance with your requests as a Customer. The Vegan Saint has a best-efforts obligation and hereby does not provide any guarantee regarding the result of its work.
2. The Vegan Saint and you hereby agree to do your utmost to reach a solution in consultation should problems arise.
3. In the event of an attributable shortcoming in the performance (breach of contract), The Vegan Saint is liable for direct damage related to or arising from the Agreement, if this damage is the result of intent, gross negligence or recklessness on the part of The Vegan Saint.
4. The Vegan Saint is not liable for damage:
- caused by incorrect, untimely or incomplete information sent by you online;
- that has arisen because you have not complied with the cooling and storage advice as mentioned in article 5 paragraph 1 of these terms and conditions;
- for damage caused by non-compliance with obligations under these general terms and conditions.
5. In the event of liability of The Vegan Saint, the maximum compensation is the agreed price as stated on the invoice. The amount of the compensation is determined by looking at the extent to which the shortcoming is attributable to The Vegan Saint. A small deviation cannot lead to compensation. The Vegan Saint never covers more than the amount of damage reimbursed and paid out by its business liability insurance.
6. Direct or indirect damage resulting from the entering into, maintaining and/or handling of transactions and agreements between the Customer and its (third) contracting parties is never the responsibility of The Vegan Saint. Damage must be reported to The Vegan Saint in writing immediately after it occurs.
7. 12 months after a claim against The Vegan Saint arises, it lapses.
8. Provisions in this article do not apply if the damage was caused by intent, gross negligence or recklessness by you as the Customer.
Article 9: Force Majeure
1. If The Vegan Saint is prevented from (further) executing the Agreement due to temporary or permanent force majeure, regardless of whether the force majeure was foreseeable, The Vegan Saint and the Customer do not have to comply with the agreed obligations in time. In that case, The Vegan Saint may terminate the Agreement in writing and without judicial intervention, or suspend (execute at a later time) the (further) execution of the Agreement in whole or in part. Without obligation to pay compensation. Products already delivered must be paid for.
2. Force majeure includes; attributable shortcomings (breach of contract) by one of the parties and/or by third parties engaged by The Vegan Saint or suppliers, pandemic, epidemic, prevailing government measures, illness of The Vegan Saint, temporary unavailability or insufficient availability of equipment or other telecommunication connections that have proven necessary for the delivery of the Products, riot, war, as well as any other situation over which The Vegan Saint and you as the Customer cannot exercise decisive control.
3. Force majeure also means:
- the situation in which the (sub)suppliers on whom The Vegan Saint depends to execute the Agreement (in time) do not deliver (in time) or otherwise fail to meet their contractual obligations towards The Vegan Saint;
- delay, seizure or destruction of (parts of) Products by customs.
4. In the event of illness of The Vegan Saint, you will be informed immediately. In consultation with you, a new delivery date will be agreed or another option will be agreed.
5. We agree to inform each other in writing of a situation of force majeure as soon as possible. If possible, we will try to find a solution in consultation.
6. If the force majeure situation lasts longer than 14 (fourteen) days, you or The Vegan Saint may suspend or dissolve the Agreement, in which case the amount you paid will be refunded. The other provisions of these General Terms and Conditions remain in force.
7. Damage suffered as a result of force majeure is not for the account and risk of The Vegan Saint.
Article 10: Intellectual Property
1. Copyrights or any other (intellectual) property rights to the format and content of the Website, the logo of The Vegan Saint, produced concepts, creations, works, proposals, expressions on the internet, emails, techniques, other documents and information or any other expressions by, on behalf of or by The Vegan Saint are vested in The Vegan Saint and/or its licensors.
2. Intellectual property rights to Products delivered to you in the context of the Agreement are vested in The Vegan Saint and/or its suppliers, licensors and other third parties who hold the copyright thereto.
3. The intellectual property rights, copyrights and (sub)licenses mentioned in paragraphs 1 and 2 cannot be transferred via an agreement, unless otherwise agreed between us in writing.
4. Without prior written permission from The Vegan Saint, it is not permitted for you as a Customer to edit, reproduce, resell, make available to third parties via any medium, whether or not for a fee, a Product delivered to you by The Vegan Saint, in whole or in part. It is also not permitted to remove or change any indication of rights from Products supplied by The Vegan Saint.
5. If you want to resell the Products, you can become a distributor by contacting info@thevegansaint.com.
6. Any use of Works or Products not mentioned in this article shall be considered an infringement of The Vegan Saint's copyright. Violation of copyright or any other intellectual property right as described in the preceding provisions of The Vegan Saint by you as a Customer or a third party acting directly or indirectly in the execution of the Agreement shall immediately lead to payment of a fine to The Vegan Saint of at least EUR 1,000.00. You shall also compensate The Vegan Saint for the actual damage suffered.
7. The Customer indemnifies The Vegan Saint against all claims by third parties, both in and out of court, related to the provisions of this article and shall also fully compensate The Vegan Saint for these claims and all damages suffered or to be suffered in any form whatsoever as a result of or in connection with them.
8. As a customer, you give The Vegan Saint permission to mention reviews written by you on The Vegan Saint's Website and social media. The Vegan Saint will use your first and last name for this. As a Customer, you can object to this in writing in advance.
9. The Vegan Saint may grant permission to distribute its Work or Product. This is, for example, in the event that the Customer shares a screenshot of a Product on social media. The following applies:
a. The name of The Vegan Saint, a hashtag #thevegansaint and a reference to The Vegan Saint's account on the relevant social media channel must be clearly stated or included in the publication with a reference to The Vegan Saint;
b. When reproducing and publishing a Work, you as the Customer must take into account The Vegan Saint's personality rights as described in article 25 of the Dutch Copyright Act.
Article 12: Privacy and Cookies
1. The Vegan Saint processes personal data obtained in the context of the execution of the Agreement strictly confidentially and in accordance with the applicable laws and regulations, in particular the GDPR as can be found in The Vegan Saint's Privacy and Cookie Policy. As a Customer, you declare that you have taken note of the policy and agree to it.
2. The Vegan Saint uses high-quality security techniques and encryption of personal data. In the event of negative interventions beyond the control of The Vegan Saint, reference is made to Article 9 of these General Terms and Conditions.
3. The Vegan Saint accepts no liability for damage that arises if you, as a Customer, act in violation of this article.
Article 13: Website
1. The Vegan Saint may adjust the Website's content, layout and other necessities at any time at The Vegan Saint's discretion.
2. The Vegan Saint strives to ensure that the Website functions properly and is accessible to you as a Customer at all times. However, a limitation or disruption of the Website cannot be excluded, partly due to necessary maintenance of the Website and the dependence on the Internet and technologies. In that case, you can always call the telephone number stated on the Website or send an email to info@thevegansaint.com.
3. The Vegan Saint accepts no liability or responsibility with regard to any damage arising from or related to the use of the Website and its content. Direct or indirect damage as a result of programming by third parties, viruses and hackers that may lead to the modification, destruction, distortion, deactivation or incapacitation of software, hardware and/or data of you as a Customer, as a Visitor or third parties is never the responsibility of The Vegan Saint.
Article 14: Choice of Forum
1. Dutch law exclusively applies to the Agreement between you and The Vegan Saint, unless we agree otherwise in writing beforehand.
2. Disputes between The Vegan Saint and you as a Customer that cannot be settled amicably will be submitted to the competent Court of Rotterdam.