GENERAL SALES, DELIVERY AND PAYMENT TERMS AND CONDITIONS OF EAT YOUR MICROGREENS (EYM), with its registered office in Aalsmeer at Schinkeldijke 10, hereinafter referred to as: EYM.
- In these terms and conditions, the client of EYM will be referred to as: ‘the customer’.
- These general terms and conditions apply to all orders given to EYM by the customer. The applicability of the general terms and conditions applies to EYM as well as its employees and partners.
- Only EYM is regarded as a contractor vis-à-vis the customer. Contrary to art. 7:404 and 7:407 paragraph 2 of the Dutch Civil Code, those who work for EYM or were not personally bound and/or liable.
- EYM determines the way in which the assignment must be performed and EYM is entitled to outsource the assignment or parts thereof to, or have it performed by, third parties not employed by EYM, without the permission of the customer.
- The customer ensures that all data that EYM requires for the adequate execution of the order or service, comes into the possession of EYM in the desired form, failure to provide and all negative consequences will be at the expense and risk of the client. The client vouches for the correctness of the data/information supplied by her.
- Delivery and/or implementation deadlines are approximate and are not strict deadlines. Exceeding these times can never, not even after notice of default, give rise to a claim for compensation, unless explicitly stipulated otherwise in writing.
- If, after the assignment has been given, changes in the implementation of the assignment are desired, these changes should be brought to the attention of EYM in writing and in good time. If such changes are made verbally, the risk of their correct implementation shall be borne by the client.
- EYM reserves the right to make a change in price on the basis of changes in the order.
- EYM will perform all work at the price agreed with the client. Invoices are to be paid within 14 days after sending, without any right to suspension, discount or settlement. If the term of 14 days is exceeded, the client shall be in default, without further notice of default. EYM is always entitled to request an advance payment for the payment of its activities.
- EYM is not liable for non- or incorrect execution of the agreement if this is the result of circumstances not known to EYM and/or force majeure. Force majeure shall in any case be considered to be any involuntary disturbance or hindrance, storm damage, natural disasters, rain damage or damage to crops and/or products by other causes, such as weather conditions or by people and/or animals, hindrance by third parties, whole or partial strikes, terror, war or danger of war, COVID 19, epidemics, pandemics, loss of or damage to equipment/property/products, crop failure, related or connected extraordinary circumstances such as obstructive measures by any government, fire and other accidents in the company of EYM, non-delivery or late delivery of goods by third parties to EYM, with which EYM cooperates, acts of war, embezzlement and/or theft, illness of employees of EYM, computer malfunctions (including software problems), as well as all other causes and consequences, which fall outside the direct control and influence of EYM.
- Except for provisions of mandatory law, EYM is not obliged to pay compensation for any direct or indirect damage of any kind, including business loss (indirect damage), unless it is a matter of intent and/or gross negligence on the part of the manager of EYM.
- EYM is not liable for any damage (whatsoever) caused by errors or omissions of third parties, engaged by EYM with or without the consent of the client.
- The liability of EYM towards the client is at any rate limited to the invoice amount excluding VAT of the assignment, except in the event that mandatory law opposes this or the damage is caused by intent or gross negligence of EYM’s manager.
- All goods (products) delivered or to be delivered by EYM shall remain the property of EYM as long as the client has not paid the invoice relating to the work/deliveries.
- Any right of action of the client lapses 12 months after the moment at which the origin of the liability should or could reasonably have been known.
- The client must immediately examine or have examined the purchased goods/products upon delivery. In doing so, the client must check whether the items/products delivered comply with the agreement, i.e. whether the correct items/products have been delivered and whether the quantity of the items/products delivered (e.g. the number and the amount) complies with the agreement. Any shortfalls and/or damage (the complaint) to the delivered goods/products and/or the packaging present at the time of delivery must be stated by the customer on the delivery note and/or the invoice, failing which the customer will be deemed to have approved what has been delivered. If the complaint of the customer proves to be valid, EYM will arrange for replacement of the goods/products or refund of the money paid minus the costs made, at its discretion.
- Drawings, descriptions, designs, texts, photographs, advice and other matters produced by EYM, or commissioned by it, remain the property of EYM. They may not be made available to third parties or shown with the intention of obtaining a similar quotation. Nor may they be used, copied or otherwise reproduced or modified without the consent of EYM. All rights regarding intellectual (and/or industrial) property remain with EYM.
- EYM is authorized to supply goods/products that slightly differ (e.g. in color) from the goods/products described in the quotation/agreement or on the website, but are functionally similar. If EYM makes use of this possibility and delivers an item/product that does not essentially differ from the agreed item/product, the customer is not entitled to dissolve the agreement or to claim compensation.
- If EYM shows or provides a sample product, this is always done by way of indication only: the qualities of the goods/products to be delivered may deviate from the example.
- The legal relationship between EYM and the client is subject to Dutch law. Disputes will be settled exclusively by the competent judge in the district of Maastricht, unless the dispute belongs to the competence of the cantonal judge.
- When goods/products sold by EYM, after being offered to the client, are not accepted by the client for reasons not at the expense and risk of EYM, or in case of a “no show”, they will be at the disposal of the client for 2 days. During this period, the goods/products will be stored at the expense and risk of the customer. After the above-mentioned period EYM has the right to either demand compliance with the agreement or to dissolve it without judicial intervention, without prejudice to EYM’s right to compensation.
- EYM is always entitled, before commencing or continuing the work and before delivering or continuing to deliver, to require sufficient security for the fulfilment of payment obligations of the client. If the required security is not provided or is inadequate, EYM has the right to dissolve the agreement in whole or in part without judicial intervention and to take back the goods already delivered and not yet processed, without prejudice to the rights to which EYM is entitled at the time of dissolution of the agreement to payment of the costs it owes for work performed and supplies made, and without prejudice to the right to reimbursement of lost profits.
- The customer may terminate an agreement entered into for an indefinite period of time and which relates to the regular/periodic delivery of products by giving at least two full months’ notice. All orders placed by the customer up to that time must be taken and paid by the customer to EYM.
- An agreement entered into for a definite period of time and which is aimed at the regular delivery of products cannot be terminated prematurely by the client and will be tacitly renewed between the parties if the client does not terminate the agreement in time, for the same duration as the agreement for a definite period of time, unless the client has terminated the agreement in writing, observing a notice period of one full month before the end of the agreed definite period of time.Privacy Statement
- Refund Policy
- Right of withdrawalYou have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day. To exercise the right of withdrawal, you must inform us (EYM) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
25.b. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Instructions for completion:
Insert one of the following texts between inverted commas:
(a) in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium: ‘of the conclusion of the contract.’;
(b) in the case of a sales contract: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.’;
(c)in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.’;
(d) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.’;
(e)in the case of a contract for regular delivery of goods during a defined period of time: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.’.
Insert your name, geographical address and, where available, your telephone number and e-mail address.
If you give the option to the consumer to electronically fill in and submit information about his withdrawal from the contract on your website, insert the following: ‘You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website [insert Internet address]. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.’.
In the case of sales contracts in which you have not offered to collect the goods in the event of withdrawal insert the following: ‘We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.’.
If the consumer has received goods in connection with the contract:
— ‘We will collect the goods.’; or,
—‘You shall send back the goods or hand them over to us or … [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.’
— ‘We will bear the cost of returning the goods.’,
— ‘You will have to bear the direct cost of returning the goods.’,
— If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: ‘You will have to bear the direct cost of returning the goods, … EUR [insert the amount].’; or if the cost of returning the goods cannot reasonably be calculated in advance: ‘You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately … EUR [insert the amount].’; or
—If, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered to the consumer’s home at the time of the conclusion of the contract: ‘We will collect the goods at our own expense.’; and,
(c)insert ‘You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.’
In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, insert the following: ‘If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.’.
25.c. Model withdrawal form
— To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:
— I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1),
— Ordered on (1)/received on (1),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
- Privacy Statement
Eat Your Microgreens, located at Schinkeldijke 10, 1432CE Aalsmeer, is responsible for the processing of personal data as shown in this privacy statement.
Personal data we process:
Eat Your Microgreens processes your personal data when you use our services and/or when you provide it to us yourself.
Below you will find an overview of the personal data we process:
First and last name
Other personal data you actively provide, for example, by creating a profile on this website, in correspondence, and by phone
Special and/or sensitive personal data we process:
Eat Your Microgreens does not process any special and/or sensitive personal data because no personal data can be left on our site. We also do not use social media plugins.
Special and/or sensitive personal data we process:
Our website and/or service does not intend to collect data about website visitors who are younger than 16 years, unless they have permission from parents or guardians. However, we cannot verify the age of visitors. We therefore recommend that parents be involved in their children’s online activities to prevent data from being collected without parental consent. If you believe that we have collected personal information about a minor without permission, please contact us at email@example.com, and we will delete this information.
Purposes and legal bases for processing personal data:
Eat Your Microgreens processes your personal data for the following purposes:
Handling your payment
Sending our newsletter and/or advertising flyers
Being able to call or email you if necessary to perform our services
Informing you about changes to our services and products
Offering you the possibility to create an account
Delivering goods and services to you
Eat Your Microgreens does not make decisions based on automated processing that could have significant consequences for individuals. This refers to decisions made by computer programs or systems without the involvement of a human (such as an Eat Your Microgreens employee). Eat Your Microgreens uses the following computer programs or systems:
Retention of personal data:
Eat Your Microgreens does not retain your personal data longer than necessary to achieve the purposes for which it was collected. We adhere to the following retention periods for the following categories of personal data:
Sharing personal data with third parties:
Eat Your Microgreens shares your personal data with various third parties if necessary for the performance of the agreement and to comply with any legal obligation. We enter into a data processing agreement with companies that process your data on our behalf to ensure the same level of security and confidentiality of your data. Eat Your Microgreens remains responsible for these processing activities. In addition, Eat Your Microgreens provides your personal data to other third parties only with your explicit consent.
Cookies or similar techniques we use
Accessing, modifying, or deleting data
You have the right to access, correct, or delete your personal data. You can do this yourself through the personal settings of your account. Additionally, you have the right to withdraw your consent for data processing, object to the processing of your personal data by our company, and have the right to data portability. This means you can submit a request to us to send the personal data we hold about you in a computer file to you or another organization of your choice.
If you wish to exercise your right to object and/or right to data portability or if you have any other questions/comments regarding data processing, please send a detailed request to firstname.lastname@example.org.
To ensure that the request for access is made by you, we ask you to include a copy of your identity document with the request. In this copy, please black out your passport photo, MRZ (machine-readable zone, the strip with numbers at the bottom of the passport), passport number, and Citizen Service Number (BSN) for the protection of your privacy. Eat Your Microgreens will respond to your request as soon as possible, but at least within four weeks.
Eat Your Microgreens also wants to inform you that you have the possibility to file a complaint with the national supervisory authority, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). You can do this through the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons
Securing personal data
Eat Your Microgreens takes the protection of your data seriously and implements appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure, and unauthorized modification. If you believe that your data is not properly secured or if there are indications of abuse, please contact our customer service or email us at email@example.com.
Securing personal data
Eat Your Microgreens takes the protection of your data seriously and implements appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure, and unauthorized modification. If you believe that your data is not properly secured or if there are indications of abuse, please contact our customer service or email us at firstname.lastname@example.org. Eat Your Microgreens has taken the following measures to secure your personal data:
Security software, such as antivirus scanners and firewalls.
TLS (formerly SSL): We transmit your data via a secure internet connection. You can identify this by the “https” and the lock icon in the address bar.
DKIM, SPF, and DMARC are three internet standards we use to prevent you from receiving emails in our name that contain viruses, spam, or are intended to obtain personal (login) information.
DNSSEC is an additional security measure (in addition to DNS) for converting a domain name (#company_website) into the associated IP address (server name). It is provided with a digital signature. You can have that signature automatically verified to prevent being redirected to a fake IP address.