Terms and Conditions

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these conditions, the following terms are defined:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to renounce the distance contract within the cooling-off period;
Model withdrawal form: the withdrawal form that the entrepreneur makes available, which a consumer can fill in when he wishes to make use of his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously in the same room.

Article 2 - Identity of the entrepreneur

Grube
Oosteinderweg 1a
5247 WB
Netherlands

T 06 23876949
E Grubeproject@gmail.com
Chamber of Commerce (KVK) 94205396
VAT number NL005070720B56

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from 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 easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another way.

In addition to these general terms and conditions, specific product or service conditions may also apply. The second and third paragraphs shall apply mutatis mutandis in the event of conflicting general terms and conditions, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced by mutual agreement as soon as possible.

Situations not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Manifest errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot lead to compensation or termination of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;

any costs of shipping;

the manner in which the agreement will be concluded and which actions are necessary for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and execution of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the rate for communication at a distance if the costs of using the technique for communication at a distance are calculated on a basis other than the regular basic rate for the used communication medium;

whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;

the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in case of a long-term transaction.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

Within the statutory framework, the entrepreneur may inquire 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 grounds not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the entrepreneur's establishment where the consumer can address complaints;

the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

information about warranties and existing after-sales service;

the data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;

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

In the case of a long-term transaction, the provision in the previous paragraph shall apply only to the first delivery.

Every agreement is concluded subject to the suspensive conditions of sufficient availability of the respective products.

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the consumer receives the product or a previously designated representative known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, he shall return the product to the entrepreneur, along with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product. The consumer shall notify this by means of the model form or by any other means of communication such as email. After the consumer has notified that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in a timely manner, for example by means of proof of dispatch.

If the customer has not notified within the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

When delivering services, the consumer has the

option to dissolve the agreement without giving reasons within 14 days, starting from the day of entering into the agreement.

To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur within the cooling-off period.

Article 7 - Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.

The entrepreneur reimburses the same payment method used by the consumer, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

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

Article 8 - Exclusion of right of withdrawal

The entrepreneur can exclude the right of withdrawal of the consumer for products as specified in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for the following products:

that have been created by the entrepreneur in accordance with the consumer's specifications;

that are clearly personal in nature;

that cannot be returned due to their nature;

that may spoil or age quickly;

whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

for individual newspapers and magazines;

for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for the following services:

concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

whose delivery has commenced with the express consent of the consumer before the cooling-off period has expired;

concerning bets and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legislation or regulations.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of legislation or regulations; or

the consumer has the authority to terminate the agreement with effect from the date of the price increase.

The supply rates mentioned in the offer are inclusive of VAT.

All prices are subject to typing errors. No liability is accepted for the consequences of typing errors. If a typing error occurs, the entrepreneur may charge the consumer with this error price, and the consumer is entitled to terminate the agreement.

Article 10 - Conformity and warranty

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 usefulness, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Article 11 - Delivery and execution

The entrepreneur will take the utmost care when receiving and implementing product orders and when assessing applications for the provision of services.

The place of delivery is at the address given by the consumer.

With due observance of the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be carried out or only partially, the consumer will receive a message no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without incurring any costs.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Duration transactions: duration, termination, and extension

Termination:

The consumer may at all times 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, subject to the agreed termination rules and a notice period of at most one month.

The consumer may at any time terminate an agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.

Extension:

An agreement entered into for a definite period that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period that extends to the regular delivery of daily news and weekly newspapers and magazines may be automatically renewed for a fixed period of up to three months if the consumer can cancel this renewed agreement by the end of the renewal period with a notice period of at most one month.

An agreement entered into for a definite period that extends to the regular delivery of products or services may only be extended automatically for an indefinite period if the consumer at any time may terminate it with a notice period of no more than one month and a notice period of no more than three months if the agreement is extended to the regular delivery of daily news, weekly newspapers, and magazines, but less than once a month.

Duration:

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise specified in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the commencement of the cooling-off period or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never require an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer is obliged to report inaccuracies in payment details provided or specified to the entrepreneur immediately.

Article 14 - Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, in full and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

These terms and conditions apply to all agreements concluded between Grube and its customers. If you have any specific questions or need further clarification on any of these points, feel free to ask!