Shipping Policy Elbayt Doux Rêves
- Iboualatsen h.o.d.n. Elbayt Doux Rêves (hereinafter Elbayt Doux Rêves) is registered with the Chamber of Commerce under number 78023580 and is located at Lodewijk Pincoffsweg 168, 3021TA, Rotterdam in the Netherlands.
Article 1 – Definitions
- In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise:
- Offer: Any offer (written whether electronic or otherwise) to Buyer to supply Products by Seller to which these terms and conditions are inseparably linked. In certain situations, an Offer may be communicated by means other than written or electronic communication (e.g., orally). This depends on the actual situation/circumstances.
- Consumer: The natural person not acting in the exercise of a profession or business.
- Buyer: the Consumer who enters into an Agreement (at a distance) with Seller.
- Agreement: The sales contract (at a distance) for the sale and delivery of Products purchased by Buyer from Elbayt Doux Rêves.
- Products: The Products offered by Elbayt Doux Rêves are fresh beaubons.
- Seller: The provider of Products to the Buyer, hereinafter referred to as Elbayt Doux Rêves.
Article 2 – Delivery
- If the commencement, progress or (completion) delivery of the Agreement is delayed because, for example, the Buyer has failed to provide all requested information or has failed to provide all requested information in a timely manner, provides insufficient cooperation, the (advance) payment has not been received by Elbayt Doux Rêves in a timely manner, or any delay arises due to other circumstances beyond Elbayt Doux Rêves’ control, Elbayt Doux Rêves shall be entitled to a reasonable extension of the (completion) delivery period. All agreed (delivery) dates are never deadlines. The buyer must give Elbayt Doux Rêves written notice of default and grant it a reasonable period of time to still be able to deliver. Buyer shall not be entitled to any compensation due to the resulting delay.
- The Buyer is obliged to take delivery of the goods at the time they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.
- If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, Elbayt Doux Rêves is entitled to store the goods at the Buyer’s expense and risk.
- If the Products are delivered by Elbayt Doux Rêves or an external carrier, Elbayt Doux Rêves is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
- If Elbayt Doux Rêves requires data from Buyer as part of the performance of the Agreement, the delivery period shall not begin until Buyer has made available to Elbayt Doux Rêves all the data necessary for performance.
- If Elbayt Doux Rêves has given a deadline for delivery, it is indicative. Longer delivery times apply for delivery outside the Netherlands.
- Elbayt Doux Rêves is entitled to deliver the goods in parts, unless this is deviated from by Agreement or the partial delivery has no independent value. Elbayt Doux Rêves is entitled to invoice the thus delivered goods separately.
- Deliveries will be made only if all invoices have been paid unless expressly agreed otherwise. Elbayt Doux Rêves reserves the right to refuse delivery if there are well-founded fears of non-payment.
- If the Buyer is not at home / unavailable to take delivery of the goods, and Elbayt Doux Rêves cannot leave the goods for the Buyer in any other way at the time of a first delivery / delivery attempt (e.g. by delivering the goods to neighbors present), Elbayt Doux Rêves is entitled to charge extra costs for a next delivery (attempt). Elbayt Doux Rêves is not liable for any loss of quality of the goods / Products due to the need to make a subsequent (e.g. second) delivery attempt or in the event that Elbayt Doux Rêves is forced to leave the Products behind for Buyer in any other way (for example: delivery to neighbors).
Article 3 – Packaging and transportation
- Elbayt Doux Rêves undertakes to the Buyer to pack the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition when used normally.
- Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), packaging and packaging materials.
- The acceptance of goods without any remarks on the waybill or receipt is considered proof that the packaging was in good condition at the time of delivery.
Article 4 – Collection and/or Delivery
Collect
- Client must place an order in a timely manner but at least 1 day in advance. Large orders should be placed in consultation with Elbayt Doux Rêves. Orders must be picked up by Client himself at the physical location of Elbayt Doux Rêves. Client must comply with the regulations ofElbayt Doux Rêves in doing so.
Delivery
- Elbayt Doux Rêves is obliged to ensure that, with respect to the Products, food safety is guaranteed at all times in accordance with applicable laws and regulations, as well as to carry out checks (or have checks carried out) on a regular basis and to report the results of such checks (or have them carried out). Elbayt Doux Rêves may provide Client with instructions regarding food safety if Client keeps the Products itself. Elbayt Doux Rêves shall never be liable for any damage and/or costs suffered by Client on the basis of its advice, or the omission thereof.
- Delivery takes place on an agreed day and time.
Article 5 – Risk transition
Risk of loss of or damage to the Products that are the subject of the Agreement shall pass to Buyer at the time the Products are provided into Buyer’s control. This is the case if the Products have been delivered to Buyer’s delivery address.
Rotterdam, Aug. 24, 2021