• Article 1 Definitions   
• Article 2 Identity entrepreneur  
• Article 3 Applicability   
• Article 4 The offer   
• Article 5 The agreement   
• Article 6 Right of withdrawal   
• Article 7 Exercise of the right of withdrawal and costs in case of withdrawal   
• Article 8 Obligations Entrepreneur in case of withdrawal   Article 9 Exclusion of right of withdrawal   
• Article 10 The price   
• Article 11 Compliance and warranty   
• Article 12 Delivery and implementation   
• Article 13 Payment   
• Article 14 Complaint Procedure  
• Article 15 Use of data   
• Article 16 Additional provisions   

Article 1 - Definitions:  

• 1.1 Reflection period: The period within which the consumer can exercise his right of withdrawal.   

• 1.2 Consumer: The natural person not acting in the exercise of a profession or business who enters into a distance contract with Entrepreneur.   

• 1.3 Day: Calendar day.    

• 1.4 Durable data carrier: Any device, including e-mail, 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.   
• 1.5 Right of withdrawal: The possibility for the consumer to waive the distance contract within the cooling-off period.    

• 1.6 Entrepreneur: Cru de Cacao that offers distance products to consumers.  

• 1.7 Distance agreement: An agreement whereby that is concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, whereby up to and including the conclusion of the agreement exclusive use is made of one or more techniques for distance communication.  

• 1.8 Model withdrawal form: The model withdrawal form included in Appendix I of these terms and conditions and in Cru de Cacao's webshop. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order.  

• 1.9 Technology for distance communication: Medium that can be used for concluding an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.  

• Cru de Cacao  
• Lovensekanaaldijk 47-ka2  
• 5013 BJ Tilburg  
• info@crudecacao.nl  
• www.crudecacao.nl  
  

• Chamber of Commerce number: 74660462  
• Btw-identificatienummer: NL002197391B11  

Article 3 - Applicability:  

• 3.1 These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.   
• 3.2 Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and, at the consumer's request, will be sent free of charge as soon as possible.   
• 3.3 If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions will be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner 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 at the consumer's request they will be sent electronically or otherwise free of charge.   
• 3.4 In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.   

Article 4 - The offer:  

• 4.1 If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.   
• 4.2 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are as true as possible representation of the products offered. Where craftsmanship is involved, the products delivered may differ in finish from the image. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.   
• 4.3 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:  

• 5.1 The agreement comes about, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby imposed.    
• 5.2 If the consumer has accepted the offer electronically, the trader 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 can dissolve the agreement.   
• 5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.    
• 5.4 The entrepreneur will send the following information with the product to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier: the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; the information on guarantees and existing after-sales service; the price including all taxes of the product; to the extent applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract; if the consumer has a right of withdrawal, the model withdrawal form.  

Article 6 - Right of withdrawal:  

• When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day following receipt of the product by the consumer or a third party designated in advance by the consumer, other than the carrier.  
  

• 7.1 If the Consumer exercises his right of withdrawal, he shall notify the Entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner, for example via an e-mail to the e-mail address mentioned under Article 2.  
• 7.2 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 to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.  
• 7.3 During the reflection period, as referred to in article 6, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur 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.  
• 7.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.  
• 7.5 The consumer bears the direct costs of returning the product. If the entrepreneur has not notified the consumer that the consumer must bear these costs, the consumer does not have to bear the cost of return shipment.  
• 7.6 If the consumer uses his right of withdrawal, all additional contracts are dissolved by operation of law.  

Article 8 - Obligations of entrepreneur in case of withdrawal:  

• 8.1 If the entrepreneur enables the consumer's notification of revocation by electronic means, he will send a confirmation of receipt of this notification without delay upon receipt.  
• 8.2 The entrepreneur reimburses all payments made by the consumer, if it is to return the entire order including any delivery costs charged by the entrepreneur, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product in good order. For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.  

Article 9 - Exclusion of right of withdrawal:  

• 9.1 The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraph 2. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.   
• 9.2 Exclusion of the right of withdrawal applies to products that were created by the entrepreneur according to specifications of the consumer;  That are clearly personal in nature;   Which by their nature can not be returned;   With a limited shelf life;  With a health risk and/or for which hygienic regulations apply and of which the seal has been broken, such as but not limited to products of which the best-before date is within the expiration of the withdrawal period of 14 days as referred to in article 6.  

Article 10 - The Price:  

• 10.1 During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.    
• 10.2 The prices mentioned in the offer of products or services are inclusive of VAT.   

Article 11 - Conformity and warranty:  

• The entrepreneur guarantees that the products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.    
  

• 12.1 The entrepreneur will take the greatest possible care when receiving and executing orders of products.   
• 12.2 The place of delivery is the address that the consumer has made known to the entrepreneur.   
• 12.3 Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice thereof no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.   
• 12.4 In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.   
• 12.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and to the entrepreneur announced representative, unless otherwise expressly agreed.  

Article 13 - Payment:  

• 13.1 Unless otherwise agreed, the consumer pays directly when ordering through the (electronic) payment methods indicated by the entrepreneur.   
• 13.2 Where advance payment has been stipulated, the consumer cannot assert any rights regarding the implementation of the relevant order before the stipulated advance payment has taken place.   
• 13.3 The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.   

Article 14 - Complaints procedure:   

• 14.1 Complaints must be submitted in writing, including e-mail, to the entrepreneur at the (e-mail) address mentioned in article 2.  
• 14.2 Complaints about the implementation of the agreement should be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has found the defects. The entrepreneur shall ensure products of the highest quality. The consumer has the obligation to examine immediately upon delivery of daily fresh products whether the products comply with the agreement. If this is not the case, the consumer should inform the entrepreneur of this immediately, but in any case within three hours after delivery, by telephone or e-mail.  
• 14.3 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 answer.  

• 15.1 The entrepreneur treats customer data confidentially and does not pass on or sell customer data to third parties who are not commercially related to the entrepreneur.  
• 15.2 The entrepreneur reserves the right to periodically inform customers of new products, offers and news about the entrepreneur. After receiving such information, the consumer always has the right and option to exclude himself from such marketing activities via the "unsubscribe" link.   

• 16.1 Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Disputes will be settled by the competent court.  
• 16.2 The entrepreneur is entitled to change these general conditions. Changes in these terms and conditions are only effective after they have been published, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.