Definitions
1. Candy Land: Candy Land, established in Zoetermeer, registered with the Chamber of Commerce under number 89833651.
2. Customer: the party with whom Candy Land has entered into an agreement.
3. Parties: Candy Land and the customer together.
4. Consumer: a customer who is an individual acting in a private capacity.
Article 1 – Applicability of General Terms and Conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Candy Land.
2. Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
3. Parties expressly exclude the applicability of any additional and/or deviating general terms and conditions of the customer or third parties.
Article 2 – Prices
1. All prices used by Candy Land are in euros, include VAT, and exclude any other costs such as administrative fees, levies, and travel, shipping, or transport costs, unless expressly stated or agreed otherwise.
2 Candy Land may change the prices it charges for its products—whether listed on its website or otherwise communicated—at any time.
3. Increases in the cost price of products or components thereof that Candy Land could not have foreseen at the time the offer was made or the agreement was concluded may give rise to price increases.
4. The consumer has the right to dissolve an agreement following a price increase as referred to in paragraph 3, unless the increase results from statutory regulations.
Article 3 – Samples and models
If the customer has received a sample or model of a product, they may derive no rights from it other than that it serves as an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered will correspond to the sample or model.
Article 4 – Payments and payment terms
1. Candy Land may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must settle payments made after delivery within 14 days of delivery.
3. Payment deadlines are considered strict deadlines. This means that if the customer fails to pay the agreed amount by the final day of the payment period, they are automatically in default and in breach of contract, without Candy Land needing to send a reminder or a formal notice demanding immediate payment or the provision of security.
4. Candy Land reserves the right to make delivery conditional upon payment of the total amount for the services or products.
Article 5 – Consequences of late payment
1. If the customer fails to pay within the agreed period, Candy Land is entitled to charge statutory interest of 25% per month for non-commercial transactions, calculated from the day the customer is in default; any part of a month counts as a full month.
2. When the customer is in default, they are also liable to Candy Land for extrajudicial collection costs and any damages.
3. Collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs (*Besluit vergoeding voor buitengerechtelijke incassokosten*).
4. If the customer fails to pay on time, Candy Land may suspend its obligations until the customer has fulfilled their payment obligation.
5. In the event of liquidation, bankruptcy, seizure of assets, or suspension of payments on the part of the customer, Candy Land’s claims against the customer become immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Candy Land, they remain obliged to pay the agreed price to Candy Land.
Article 6 – Right of reclamation
1. As soon as the customer is in default, Candy Land is entitled to invoke the right of reclamation regarding the unpaid products delivered to the customer.
2. Candy Land invokes the right of reclamation by means of a written or electronic notification.
3. Once the customer has been notified that the right of reclamation has been invoked, the customer must immediately return the products to which this right applies to Candy Land, unless the parties agree otherwise.
4. The costs of retrieving or returning the products are to be borne by the customer.
Article 7 – Right of withdrawal
1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving a reason, provided that:
· the product has not been used.
· it is not a product that spoils quickly, such as food or flowers.
· it is not a product that has been custom-made or modified specifically for the consumer.
· it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.).
· the seal remains intact in the case of data carriers containing digital content (DVDs, CDs, etc.).
· the product or service does not concern accommodation, travel, restaurant services, transport, catering, or leisure activities.
· the product is not an individual magazine or newspaper.
· the consumer has not waived their right of withdrawal.
2. The 14-day cooling-off period referred to in paragraph 1 commences:
· on the day after the consumer receives the final product or component of a single order.
· as soon as the consumer has confirmed that they will purchase digital content via the internet.
3. The consumer may exercise their right of withdrawal by notifying Candy Land at info@candy-land.nl.
4. The consumer is required to return the product to Candy Land within 14 days of notifying them of the exercise of the right of withdrawal; failure to do so will result in the forfeiture of the right of withdrawal.
Article 8 – Reimbursement of delivery costs
1. If the consumer has exercised their right of withdrawal in a timely manner and has consequently returned the entire order to Candy Land within the required timeframe, Candy Land will refund any shipping costs paid by the consumer within 14 days of receiving the timely and complete return of the order. 2. Candy Land shall only bear the delivery costs if the entire order is returned.
Article 9 – Reimbursement of return costs
If the consumer exercises their right of withdrawal and returns the entire order within the applicable time limit, the costs of returning the entire order shall be borne by the consumer.
Article 10 – Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Article 11 – Right of retention
1. Candy Land may exercise its right of retention and, in doing so, retain possession of the customer's products until the customer has settled all outstanding invoices due to Candy Land, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies based on previous agreements under which the customer still owes payments to Candy Land.
3. Candy Land shall never be liable for any damage the customer may suffer as a result of the exercise of its right of retention.
Article 12 – Set-off
Unless the customer is a consumer, the customer waives the right to set off a debt owed to Candy Land against a claim against Candy Land.
Article 13 – Retention of title
1. Candy Land remains the owner of all delivered products until the customer has fully satisfied all payment obligations towards Candy Land arising from any agreement whatsoever concluded with Candy Land, including claims regarding failure to perform.
2. Until that time, Candy Land may invoke its retention of title and reclaim the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate, or otherwise encumber the products.
4. If Candy Land invokes its retention of title, the agreement shall be deemed dissolved, and Candy Land shall have the right to claim compensation for damages, lost profits, and interest.
Article 14 – Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Candy Land, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address specified by the customer.
4. If the agreed amounts are not paid or not paid on time, Candy Land has the right to suspend its obligations until the agreed amount has been paid.
5. Late payment constitutes default on the part of the customer, with the result that the customer cannot hold Candy Land liable for a delayed delivery.
Article 15 – Delivery time
1. Delivery times stated by Candy Land are indicative; exceeding them does not entitle the customer to dissolution of the agreement or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery period commences the moment the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation thereof from Candy Land.
3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Candy Land fails to deliver within 14 days of receiving a written notice of default, or unless the parties have agreed otherwise.
Article 16 – Actual delivery
The customer must ensure that the actual delivery of the products ordered can take place on time.
Article 17 – Transport costs
Transport costs are borne by the customer, unless the parties have agreed otherwise.
Article 18 – Packaging and shipping
1. If the packaging of a delivered product is opened or damaged, the customer must—before accepting the product—have this noted by the carrier or... ...have the delivery person make a note of it; failing this, Candy Land cannot be held liable for any damage.
2 If the customer arranges the transport of a product themselves, they must report any visible damage to the products or packaging to Candy Land prior to transport; failing this, Candy Land cannot be held liable for any damage.
Article 19 – Storage
1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
2. Any additional costs resulting from the early or late taking of delivery of products shall be borne entirely by the customer.
Article 20 – Assembly/Installation
Although Candy Land makes every effort to carry out all assembly and/or installation work to the best of its ability, it bears no responsibility for this, except in the event of willful misconduct or gross negligence.
Article 21 – Warranty
1. The warranty regarding products applies exclusively to defects caused by faulty manufacturing, construction, or materials.
2. The warranty does not apply in the event of normal wear and tear or damage resulting from accidents, modifications made to the product, negligence, or improper use by the customer, nor where the cause of the defect cannot be clearly established.
3. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment they are legally and/or physically delivered, or at least come into the possession of the customer or a third party receiving the product on the customer's behalf.
Article 22 – Indemnification
The customer indemnifies Candy Land against all third-party claims related to the products and/or services supplied by Candy Land.
Article 23 – Complaints
1. The customer must inspect any product supplied or service rendered by Candy Land for any defects as soon as possible.
2 If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must notify Candy Land of this as soon as possible, but in any event within one month of discovering the shortcomings.
3 Consumers must notify Candy Land of such shortcomings no later than two months after discovering them.
4 In doing so, the customer shall provide a description of the shortcoming that is as detailed as possible, so that Candy Land is able to respond adequately.
5 The customer must demonstrate that the complaint relates to an agreement between the parties.
6 If a complaint relates to work in progress, this cannot, in any event, result in Candy Land being required to perform work other than that which was agreed upon.
Article 24 – Notice of default
1. The customer must communicate any notice of default to Candy Land in writing.
2. It is the customer's responsibility to ensure that a notice of default actually reaches Candy Land (in a timely manner).
Article 25 – Joint and several liability of the customer
If Candy Land enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to Candy Land under that agreement.
Article 26 – Liability of Candy Land
1. Candy Land is liable for any damage suffered by the customer only if and to the extent that such damage was caused by willful misconduct or deliberate recklessness.
2. If Candy Land is liable for any damage, such liability is limited to direct damage arising from or related to the performance of an agreement.
3. Candy Land is never liable for indirect damage, such as consequential damage, lost profits, missed savings, or damage to third parties.
4. If Candy Land is held liable, such liability is limited to the amount paid out under a (professional) liability insurance policy; in the absence of a (full) payout by an insurance company regarding the damage amount, liability is limited to the (portion of the) invoice amount to which the liability relates.
5. All images, photographs, colors, drawings, and descriptions on the website or in a catalogue are indicative only and serve as approximations; they cannot give rise to claims for compensation, (partial) dissolution of the agreement, or suspension of any obligation.
Article 27 – Expiry period
Any right of the customer to claim damages from Candy Land shall in any event lapse 12 months after the event from which the liability directly or indirectly arises. This provision does not exclude the provisions of Article 6:89 of the Civil Code.
Article 28 – Right of dissolution
1. The customer has the right to dissolve the agreement if Candy Land commits a culpable failure in the performance of its obligations, unless such failure, given its specific nature or minor significance, does not justify dissolution.
2. If the performance of obligations by Candy Land is not permanently or temporarily impossible, dissolution may only take place after Candy Land is in default.
3. Candy Land has the right to dissolve the agreement with the customer if the customer fails to fulfill its obligations under the agreement fully or on time, or if Candy Land becomes aware of circumstances giving it reasonable grounds to fear that the customer will be unable to properly fulfill its obligations.
Article 29 – Force Majeure
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Candy Land to fulfill any obligation towards the customer cannot be attributed to Candy Land in the event of a situation beyond Candy Land’s control that wholly or partially prevents the fulfillment of its obligations towards the customer, or makes the fulfillment of its obligations unreasonable to expect from Candy Land.
2. The force majeure situations referred to in paragraph 1 include—but are not limited to—states of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance or force majeure on the part of suppliers, delivery services, or other third parties; unexpected power, internet, computer, or telecommunications outages; computer viruses; strikes; government measures; unforeseen transport problems; adverse weather conditions; and work stoppages.
3. If a force majeure situation arises that prevents Candy Land from fulfilling one or more obligations towards the customer, those obligations shall be suspended until Candy Land is once again able to fulfill them.
4. Once a force majeure situation has lasted for at least 30 calendar days, either party may dissolve the agreement in whole or in part by means of a written notice.
5. Candy Land is not liable for any compensation or damages in a force majeure situation, even if it derives any benefit from the force majeure event.
Article 30 – Amendment of the Agreement
1. If, after the agreement has been concluded, it proves necessary to amend or supplement its content for the purpose of its execution, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation. 2. The preceding paragraph does not apply to products purchased in a physical store.
Article 31 Amendment of General Terms and Conditions
1. Candy Land is entitled to amend or supplement these general terms and conditions.
2. Amendments of minor importance may be implemented at any time.
3. Candy Land will discuss major substantive amendments with the customer in advance whenever possible.
4. Consumers are entitled to terminate the agreement in the event of a material amendment to the general terms and conditions.
Article 32 Transfer of Rights
1. Rights of the customer arising from an agreement between the parties may not be transferred to third parties without the prior written consent of Candy Land.
2. This provision constitutes a clause with property-law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Article 33 Consequences of Nullity or Voidability
1. Should one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the validity of the remaining provisions.
2. In such a case, the provision that is null and void or voidable shall be replaced by a provision that reflects what Candy Land intended regarding that point when drafting the terms and conditions.
Article 34 Applicable Law and Competent Court
1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where Candy Land has its registered office has exclusive jurisdiction to hear any disputes between the parties, unless mandatory law prescribes otherwise.
Drawn up on 26 May 2023
