Terms and Conditions
General Terms and Conditions Istanbullu Baklava
Version 1.0 – Dated: June 10, 2024
Article 1 – Definitions
In these conditions the following definitions apply:
1. Entrepreneur: Istanbullu Baklava, located at Meyerstraat 11 2524 AH, The Hague, Netherlands.
2. Customer: The natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
3. Distance agreement: An agreement in which, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, exclusive use is made of one or more techniques for communicating on distance.
4. Technology for distance communication: Means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
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Article 2 – Identity of the entrepreneur
Istanbullu Baklava
Meyerstraat 11
2521 AH The Hague
The Netherlands
Phone number: 070 7780468
E-mail address: info@istanbullubaklava.nl
Chamber of Commerce number: 80113079
VAT number: NL861558674B01
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Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the customer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the customer's request.
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 and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the customer what the rights and obligations are associated with acceptance of the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the customer of the offer and compliance with the conditions set.
2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can inform himself within legal frameworks whether the customer 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
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Article 6 – Exclusion of right of withdrawal​
1. The entrepreneur can exclude the customer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the customer's specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that can spoil or expire quickly (such as fresh foods, including baklava and other perishable treats);
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the customer has broken the seal.
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Article 7 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the customer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 8 – Conformity and warranty
1. 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 usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur under the agreement.
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Article 9 – Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the customer has made known to the entrepreneur.
3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 4 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the customer will be notified of this no later than 2 days after he has placed the order. In that case, the customer has the right to terminate the agreement without costs.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the customer as soon as possible.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the customer or a pre-appointed representative. Due to the fragility of our products, damage to the product may occur during transport, but this does not affect its consumability.
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Article 10 – Payment
1. Unless otherwise agreed, the amounts owed by the customer must be paid within 14 days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this shall period after the customer has received confirmation of the agreement.
2. The customer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the customer in advance.
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Article 11 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time, after the customer has discovered the defects.
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 foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.
4. The customer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
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Article 12 - Disputes
1. Contracts between the entrepreneur and the customer to which these general terms and conditions relate are exclusively governed by Dutch law.
2. Disputes between the Client and the Entrepreneur about the formation or the performance of contracts related to products and services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Geschillencommissie Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl) with due observance of the provisions set out below.
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