Terms and conditions

Article 1 – Identity

E-mail address: hello@myfruit.co.uk
Dutch chamber of commerce registration number: 70407126
Phone number: +31653394324
VAT Number: NL209481420B02

Article 2 – Applicability

These terms and conditions apply to every offer of the entrepreneur and to any established agreement on distance and orders between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the request of the consumer as soon as possible.
If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is reasonably impossible, before the distance contract is concluded, it will be conveyed where the general terms and conditions can be found or sent free of charge electronically to the customer.
In the event that, in addition to these general terms and conditions, specific product conditions apply, the second and third paragraphs apply mutatis mutandis and, in the case of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him .
If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the agreement and these terms remain for the remainder and the relevant provision shall be replaced by mutual agreement without delay by a provision that approached the extent of the original as much as possible.
Situations not regulated in these terms and conditions must be evaluated “to the mind” of these terms and conditions.
Uncertainties about the explanation or content of one or more terms of these terms should be explained to the minds of these terms and conditions.

Article 3 – The offer

If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
The offer is free of charge. The entrepreneur is entitled to change and modify the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true faithful representation of the products offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.
All images, specifications of the data in the offer are indicative and can not give rise to damages or dissolution of the agreement.
Images that are displayed with the products are a representation of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the true colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible shipping costs;
the manner in which the agreement will be established and what actions are required for this purpose;
whether or not it applies to the right of withdrawal;
the method of payment, delivery and execution of the agreement;
the time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
whether the agreement is being archived after the creation and, if so, how it is consulted for the consumer;
the way in which the consumer can check and, if desired, recover the information provided by him under the agreement before the conclusion of the agreement;
any other languages in which, in addition to the Dutch, the agreement can be concluded;

Article 4 – The agreement

Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance is not confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.
The entrepreneur can, within legal frameworks, inform whether the consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to impose special conditions on the execution.
The business owner shall provide with the product or service to the consumer 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:
the postal address of the establishment of the entrepreneur where the consumer is entitled to place complaints;
the conditions under which and the manner in which the consumer may make use of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
the information about guarantees and existing post-purchase service;
the information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
The terms for termination of the agreement if the agreement is of a duration of more than one year or of indefinite duration.
In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
Any agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 5 – Right of withdrawal

When purchasing products, the consumer has the possibility to claim rescission of the agreement without giving reasons for 14 days. This term will expire on the day following receipt of the product by the consumer or a consumer appointed by the consumer and notified to the entrepreneur.
During the withdrawal period, consumers will carefully handle the product and the packaging. He will only extract or use the product to the extent that it is necessary to assess whether he wishes to maintain the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – to the vendor in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the vendor.
When the consumer wishes to makes use of his right of withdrawal, he is obliged to inform the entrepreneur within 14 days of receipt of the product. The consumer should do so by notifying My Fruit through email. After the consumer has announced 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 time, for example by means of proof of shipment.
If, after expiry of the periods referred to in paragraphs 1 and 3, the customer has not disclosed his or her right of withdrawal or resignation, the product has not been returned to the entrepreneur, the purchase is a fact.

Article 6 – Costs in case of revocation

If the consumer makes use of his right of withdrawal, the consumer is responsible for the shipping costs to return the goods.
If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition holds that the product should already have been received by the web shop or closing proof of complete return.

Article 7 – The price

During the period of validity of the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products whose prices are subject to fluctuations in the financial market and where the entrepreneur is not affected by variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stated this and:
These are due to statutory regulations or provisions; or
the consumer has the power to terminate the agreement as of the date of the price increase.
Prices mentioned in the offer of products include VAT.
All prices are subject to press and error errors. No liability is accepted for the consequences of pressure and error errors. In case of errors and mistakes, the entrepreneur is not required to deliver the product according to the wrong price.

Article 8 – Conformity and Warranty

The entrepreneur ensures that the products comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the legal provisions and / or the existing date of conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
Any defects or defective products must be reported in writing within 2 weeks after delivery to the entrepreneur. Returns of the products must be done in the original packaging and in new state

Article 9 – Delivery and execution

The entrepreneur shall take the utmost care when receiving and carrying out orders for products.
The place of delivery is the address that the consumer has notified to the company.
With due regard to what is stated in paragraph 4 of this article, the company will execute accepted orders at an accelerated rate, but not later than 30 days, unless consumers have agreed with a longer delivery period. If delivery is delayed, or if an order can not be executed, or only partially, the consumer will receive a message within 30 days of placing the order. In that case, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to compensation.
All delivery terms are indicative. Any indicated time limit does not give a consumer any rights. Exceeding a time limit does not give a consumer the right to claim.
In case of withdrawal in accordance with paragraph 3 of this article, the entrepreneur will repay the amount paid by the consumer as soon as possible but not later than 14 days after dissolution.
If delivery of an ordered product appears impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and understandable manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.

Article 10 – Payment

Unless agreed otherwise, the amounts owed by the consumer shall be paid within 7 working days of commencement of the period of termination as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this deadline starts after the consumer has received confirmation of the agreement.
The consumer is obliged to notify the entrepreneur without delay of any incorrect or reported payment information.
In the case of consumer default, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously announced to the consumer.

Article 11 – Complaints

The entrepreneur has a well-known complaints procedure and deals with the complaint in accordance with this complaint procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more comprehensive response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.

Article 12 – Disputes

Under agreements between the entrepreneur and the consumer to which these terms and conditions relate, only Dutch law applies. Even if the consumer is living abroad.
The Vienna Sale Convention does not apply.