General terms and conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of CookingTotem

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of CookingTotem in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Performance and additional guarantee

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

  1. Ancillary agreement means an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and those items, digital content and/or services are supplied by CookingTotem or by a third party based on an arrangement between that third party and CookingTotem;
  2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing performance contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
  7. Durable medium: any device - including e-mail - that enables the consumer or trader to store information addressed personally to him in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
  9. Distance contract: a contract concluded between CookingTotem and the consumer in the context of an organised distance sales system of products, digital content and/or services, which, up to and including the conclusion of the contract, makes exclusive or joint use of one or more means of distance communication;
  10. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions;
  11. CookingTotem: the legal person as further defined in article 2, which offers products, (access to) digital content and/or services to consumers at a distance as set out under these general terms and conditions;
  12. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;

Article 2 - Identity of CookingTotem

Name entrepreneur

MB e-marketing B.V. 

Branch address

Kwaadeindstraat 87, 5041JK Tilburg, The Netherlands

support@cookingtotem.com

Chamber of commerce number; 78081289

Union scheme participation number: NL861258137B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer by CookingTotem and to every distance contract concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, CookingTototem shall, before the distance contract is concluded, indicate in what way the general terms and conditions can be inspected at CookingTotem and that, at the consumer's request, they will be sent free of charge as soon as possible.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If CookingTotem uses images, they are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind CookingTotem.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
  2. If the consumer has accepted the offer electronically, CookingTotem shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by CookingTotem, the consumer may dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel a contract: however, the consumer may exercise the right of withdrawal (Article 6).
  3. If the agreement is concluded electronically, CookingTotem shall take appropriate technical and organisational measures to protect the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, CookingTotem shall observe appropriate security measures for this purpose.
  4. CookingTotem may - within legal frameworks - enquire whether the consumer can fulfil his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If CookingTotem, on the basis of this investigation, has good grounds for not entering into the agreement, it is entitled to refuse an order or request, with reasons, or to attach special conditions to the execution.
  5. CookingTotem will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
    1. the visiting address of the branch of CookingTotem to which the consumer can address complaints;
    2. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    3. the information on warranties and existing after-sales service;
    4. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

  1. The consumer may cancel an agreement related to the purchase of a product during a reflection period of at least 14 (fourteen) days without giving reasons. CookingTotem may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
  2. The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
    1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. CookingTotem may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
    3. for contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, received the first product.

In the case of services and digital content not provided on a tangible medium:

  1. The consumer may cancel a service contract and a contract for the supply of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. CookingTotem may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
  2. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:

  1. If CookingTotem has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the withdrawal period shall expire twelve months after the end of the original withdrawal period determined in accordance with the previous paragraphs of this article.
  2. If CookingTotem has provided the consumer with the information referred to in the preceding paragraph within 12 months of the effective date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
  3. The consumer shall not be liable for depreciation of the product if CookingTotem has not provided him with all legally required information on the right of withdrawal before or at the time of the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he shall notify CookingTotem within the withdrawal period by means of the model withdrawal form or in any other unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) CookingTotem. This is not required if CookingTotem has offered to collect the product itself. The consumer has in any case respected the return period if he returns the product before the cooling-off period has expired.
  3. The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Cookingtotem.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct cost of returning the product. If Cookingtotem has not notified that the consumer must bear these costs or if Cookingtotem indicates that it will bear the costs itself, the consumer does not have to bear the cost of return.
  6. The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:
    1. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
    2. he has not acknowledged losing his right of withdrawal when giving his consent; or
    3. Cookingtotem has failed to confirm this statement by the consumer.
  7. If the consumer exercises his right of withdrawal, all additional contracts will be dissolved by operation of law.

Article 9 - Obligations of Cookingtotem in case of withdrawal

  1. If Cookingtotem enables the consumer's notification of withdrawal by electronic means, it shall send an acknowledgement of receipt without delay after receiving such notification.
  2. Cookingtotem shall refund all payments made by the consumer, including any delivery costs charged by Cookingtotem for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies him of the withdrawal. Unless Cookingtotem offers to collect the product itself, it may wait to reimburse until it has received the product or until the consumer proves that he has returned the product, whichever is earlier.
  3. Cookingtotem will use the same means of payment used by the consumer for refunds, unless the consumer agrees to another method. The refund will be free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Cookingtotem does not have to refund the additional cost for the more expensive method. 

Article 10 - Exclusion of the right of withdrawal

CookingTotem may exclude the following products and services from the right of withdrawal, but only if CookingTotem has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which CookingTotem has no influence and which may occur within the withdrawal period;
  2. Contracts concluded during a public auction. A public auction means a method of sale where products, digital content and/or services are offered by CookingTotem to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
    1. the performance has begun with the express prior consent of the consumer; and the consumer has declared that he loses his right of withdrawal once CookingTotem has fully performed the contract;
  4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
  5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
  6. Products manufactured to consumers' specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
  7. Products that spoil quickly or have a limited shelf life;
  8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  9. Products which, after delivery, are by their nature irrevocably mixed with other products;
  10. Alcoholic beverages whose price is agreed upon at the conclusion of the agreement, but whose delivery can only take place after 14 days, and whose actual value depends on fluctuations in the market over which CookingTotem has no influence;
  11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  12. Newspapers, magazines or journals, excluding subscriptions to them;
  13. The supply of digital content other than on a tangible medium, but only if:
    1. the performance has begun with the consumer's express prior consent; and
    2. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

  1. During the validity period stated 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.
  2. Notwithstanding the previous paragraph, CookingTotem may offer products or services whose prices are bound to fluctuations in the financial market and on which CookingTotem has no influence, with variable prices. This connection to fluctuations and the fact that any prices quoted are target prices shall be stated with the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if CookingTotem has stipulated them and they are the result of legal regulations or provisions; or the consumer has the authority to cancel the agreement as of the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional guarantee

  1. CookingTotem guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, CookingTotem also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by CookingTotem, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against CookingTotem on the basis of the agreement if CookingTotem has failed to fulfil its part of the agreement.
  3. Additional guarantee means any undertaking by CookingTotem, its supplier, importer or producer in which it grants to the consumer certain rights or claims beyond what the consumer is legally obliged to do in case he has failed to fulfil his part of the agreement. 

Article 13 - Delivery and execution

  1. CookingTotem will take the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery shall be the address that the consumer has made known to CookingTotem.
  3. Subject to what is stated in article 4 of these general terms and conditions, CookingTotem shall execute accepted orders expeditiously but at the latest within 14 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 14 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
  4. After dissolution in accordance with the previous paragraph, CookingTotem will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with CookingTotem until the moment of delivery to the consumer or a representative designated in advance and made known to CookingTotem, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and renewal

Termination:

  1. The consumer may terminate an open-ended contract that was concluded for the regular delivery of products or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
  2. The consumer may terminate a fixed-term contract that has been concluded for the regular delivery of products or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
  3. The consumer may amend the agreements mentioned in the previous paragraphs:
  • terminate at any time and not be limited to termination at a particular time or period;
  • at least terminate in the same way as these agreements were entered into by him;
  • always cancel with the same notice period as CookingTotem has stipulated for itself.

Extension:

  1. A contract entered into for a definite period of time and which aims at the regular supply of products or services may not be tacitly extended or renewed for a definite period of time.
  2. Notwithstanding the previous paragraph, a fixed-term contract may be tacitly extended for a fixed term of no more than three months if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month.

Duration:

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

  1. Unless otherwise provided for in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 (fourteen) days after the start of the reflection period, or, in the absence of a reflection period, within 14 (fourteen) days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. Where advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to CookingTotem.
  4. If the consumer does not meet his payment obligation(s) on time, he shall, after being notified by CookingTototem of the late payment and after CookingTotem has granted the consumer a period of 14 (fourteen) days to still meet his payment obligations, after the non-payment within this 14-day period, owe the legal interest on the amount still owed and CookingTotem shall be entitled to charge the extrajudicial collection costs incurred by him. These collection costs shall amount to a maximum of: 15% over outstanding amounts up to € 2,500,=; 10% over the next € 2,500,= and 5% over the next € 5,000,= with a minimum of € 40,=. CookingTotem may deviate from said amounts and percentages for the benefit of the consumer. 

Article 16 - Complaints procedure

  1. CookingTotem has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to CookingTotem within a reasonable time after the consumer has identified the defects, fully and clearly described.
  3. Complaints submitted to CookingTotem will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, CookingTotem will respond within the 14 (fourteen) day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.

Article 17 - Disputes

  1. Only Dutch law shall apply to agreements between CookingTotem and the consumer to which these general conditions relate. All disputes arising from the agreement and/or these general conditions shall be submitted to the competent court of the district where CookingTotem has its office.

Article 18 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer 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 data carrier.