General terms and conditions Based on Roots V.O.F.

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Based on Roots V.O.F                        
Hatertseweg 23
6533 AB Nijmegen
The Netherlands

C.C.: 58435948
V.A.T.: NL 853038697B01
Bank account IBAN: NLTRIO 0197677568 


Article 1. Applicability

1.1 These terms and conditions (hereinafter: conditions) are applicable
on all offers, orders and agreements with Based on Roots V.O.F (hereinafter: Based on Roots) to the exclusion of any other General Terms and Conditions. At your request these conditions can be sent to you. You can also find them on our website:
1.2 Accepting an offer or placing an order will imply that you accept the applicability of these conditions.
1.3 The provisions in these conditions may only be deviated from in writing, in which case the other provisions shall remain in full force.
1.4 All rights and claims stipulated in these conditions and in any other agreements for Based on Roots’s benefits shall likewise be stipulated for the benefit of intermediaries and other third parties engaged by Based on Roots. 

Article 2. Offers/agreements
2.1 All offers made by Based on Roots shall be without obligation, and Based on Roots shall expressly reserve the right to modify prices, especially if  required by legal constraints. Also see article 3.8.
2.2 An agreement shall only be concluded after Based on Roots accepts your order. Based on Roots is entitled to refuse orders or attach certain conditions to delivery, unless expressly stated otherwise. If an order is not accepted, Based on Roots shall indicate this within ten (10) working days after receiving the order.
2.3 Based on Roots reserves the right to make inquiries to assess the customer's credit rating.
2.4. Based on Roots shall be entitled to modify its Terms and Conditions of Sale without any notice.

Article 3. Prices and payment
3.1 Unless otherwise stated or agreed on in writing, the prices stated for the products and services offered shall be in euros, for private persons incl. VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing; the retail prices are excl. VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Invoices are send by mail and when asked for included with the delivery.
3.3 Payments are asked to be arranged before delivery in the Netherlands and also for deliveries outside the Netherlands, unless otherwise agreed upon in writing.
3.4 Payment can be made on (one of) the manner indicated on the website during the order process. Further conditions can be made to your payment - or order conditions. When paying by bank or giro the date of payment will be the date of crediting the bank or giro account of Based on Roots.
3.5 If the term of payment is exceeded, you shall be in default from the day that payment was due and from this onwards you shall have to pay interest equal to the legal interest on the outstanding amount. If Based on Roots outsources the collection of its claim, you shall also have to pay collection costs which amount to at least fifteen per cent (15%) of the amount payable, without prejudice to Based on Roots's authority to instead claim the actual extrajudicial collection costs. The extrajudicial costs are based on what is currently common practice in Dutch debt collection and on the July 2012 Dutch Law for Collection (Wet Incassokosten).
3.6 If you fail to make any payments, Based on Roots shall be entitled to either suspend or dissolve (the implementation of) the relevant agreement and corresponding agreements.
3.7 If you fail to make any payments, Based on Roots  is entitled to claim the products supplied to you earlier and Based on Roots will become the owner of these products.
3.8 If prices for the products offered increase in the period between placing an order and its implementation, you shall be entitled to either cancel the order or dissolve the agreement within ten (10) days after the price increase was announced by Based on Roots.


Article 4. Delivery
4.1 All delivery times specified by Based on Roots are only indicative. Failure to keep the delivery date shall not entitle you to any compensation, nor entitle you to either cancel your order or dissolve the agreement, unless the delivery period is exceeded to the extent that you cannot in all fairness be expected to maintain the agreement. In this case, you are entitled to either cancel the order or dissolve the agreement, if required.
4.2 Delivery of products shall take place on the location and time when products are ready to be delivered to you

Article 5. Retention of title
5.1 Title to the delivered products shall only be passed to you after all outstanding invoices from Based on Roots have been paid in full. Responsibility for the products shall be passed to you at the time of delivery.

Article 6. Complaints and liability
6.1 Upon delivery, you are obliged to inspect the products to determine whether or not they comply with the agreement. If not, you will have to inform Based on Roots in writing,  specifying your reasons, as soon as possible, but at least within seven (7) working days after delivery or at least after determination of non-compliance was reasonably possible.
6.2 If it is demonstrated that the products do not comply with the agreement, Based on Roots shall have the option to either replace the returned products by new products or to refund the invoice amount.
6.3 If you do not wish to purchase a product for any reason, you shall be entitled to return the product to Based on Roots within fourteen (14) working days after delivery. In this case return shipments shall only be accepted if the product and packaging have not been damaged. Costs for return shipments shall be paid by you.

Article 7. Orders/communication
7.1 Based on Roots shall not be liable for misunderstandings, mutilation, delays or improper transmission of orders and messages resulting from the use of the Internet or any other means of communication between either you and Based on Roots or Based on Roots and third parties concerning the relation between you and Based on Roots, unless caused by an intentional act or gross negligence by Based on Roots.

Article 8. Force Majeure
8.1 Without prejudice to its other rights, in case of force majeure Based on Roots is entitled to choose to either suspend the implementation of your order or dissolve the agreement without any judicial intervention, by informing you in writing. Based on Roots shall not be liable for compensation in any way, unless this would be considered unacceptable under the circumstances according to standards of reasonableness and fairness.
8.2 Force majeure includes any shortcomings which cannot be attributed to Based on Roots because Based on Roots is not to blame for these shortcomings and is neither liable by law, legal transaction nor generally accepted standards.

Article 9. Miscellaneous
9.1 If you provide your address to Based on Roots in writing, Based on Roots shall be entitled to send all orders to that address, unless you inform Based on Roots in writing that orders should be sent to a different address.
9.2 Even if Based on Roots has allowed deviations from these Conditions - for a short or long period of time, implicitly or otherwise - this shall not form any legal impediment for Based on Roots to demand an immediate and strict compliance with these Conditions at a later time. You shall never assert any rights based on leniency in applying these Conditions by Based on Roots.
9.3 In case one or more provisions of these Conditions or any other agreement with Based on Roots is in conflict with the law, the provision(s) in question shall be eliminated and replaced by a new, legally admissible and similar provision to be determined by Based on Roots.
9.4 Based on Roots shall be entitled to employ third parties to implement your order(s)

Article 10. Applicable law and competent court
10.1 Only Dutch law shall apply to all rights, obligations, offers, orders and agreements to which these Conditions apply, as well as to these Conditions themselves.
10.2 All disputes between parties shall be submitted to the exclusive jurisdiction of the courts in the Netherlands.