General delivery terms consumers
Online sales and delivery terms and conditions of Lost Cookies B.V. for Consumers
We have summarized the most important points below:
- Orders must be paid in advance using one of the digital payment methods offered on the website. Lost Cookies will deliver your order to you within seven (7) working days of receiving the payment (if stock is available).
- The shipping costs are based on the total weight of the order. Up to 23 kg we charge € 5, excluding VAT, for shipping and transport costs. For orders of more than 23 kg, we no longer charge shipping and transport costs.
- If the Product does not meet your expectations or you want to revise the purchase for another reason, you have the right to cancel the purchase within seven (7) calendar days of receiving the Product. Then, the Product has to be returned within seven (7) calendar days after the declaration of termination. Lost Cookies reimburses payment, including shipping costs, within 30 (thirty) calendar days of the actual receipt of the Product. The costs of returning are for the account of the Consumer, unless the Product is damaged or delivered defectively. In that case, costs for the return shipment will be borne by Lost Cookies. The right of withdrawal does not apply to business customers.
1. Definitions
In these Terms and Conditions, capitalized terms are defined as follows:
“Consumer (s)”: buyer (s), natural person or persons, who acts or acts for purposes outside his or their business or professional activity, and order Products or orders Products via the Website. This should also include a business end user who orders Products via the Website;
“Agreement (s)”: the agreement (s) of purchase, sale and delivery that is or will be concluded between a Consumer and Lost Cookies;
“Product (s)”: the goods that Lost Cookies offers for sale via its Website;
“Lost Cookies”: Lost Cookies B.V.;
“Conditions”: these online sales and delivery conditions for Consumers of Lost Cookies;
“Website”: the online sales channel of Lost Cookies – www.lucky-crumbs.com – where Consumers can order Products.
2. General
2.1. These Terms and Conditions apply to the formation, content and performance of all Agreements concluded between the Consumer and Lost Cookies.
2.2. If you place an order with Lost Cookies, you must check that you agree with the Terms and Conditions of Lost Cookies. In addition, the Terms are also made available to you through a digital link. Lost Cookies has the right to change these Terms and Conditions with an amendment period of thirty (30) calendar days. If you receive Products that you have not ordered or find inaccuracies in a delivery, please report this to Lost Cookies as soon as possible and at the latest within seven (7) days after receipt of the Products by sending an e-mail to bianca@lost-cookies.org
3. Price / Shipping costs
3.1. The prices of all Products that can be ordered via the Website include sales tax (VAT).
3.2. The shipping costs are based on the total weight of the order. Up to 23 kg we charge € 5, excluding VAT, for shipping and transport costs. For orders of more than 23 kg, we no longer charge shipping and transport costs.
3.3. The prices of Products mentioned on the Website are subject to change, for whatever reason.
4. Delivery
4.1. All goods are generally available from stock but the delivery times specified by Lost Cookies are indicative. Exceeding any delivery period does not entitle the Consumer for compensation.
4.2. The Consumer receives a message with a track and trace code as soon as the Products are ready for shipment.
4.3. With due observance of the aforementioned in Article 4.1 of these Terms and Conditions, Lost Cookies will carry out accepted orders as quickly as possible and in principle within seven (7) working days. If the delivery is (temporarily) out of stock, or is delayed for other reasons, or if an order cannot be executed or can only be partially carried out, the Consumer will receive information within seven (7) working days at the latest after placing the order. In that case, the Consumer has the right to cancel the order within seven (7) working days without any costs.
4.4. Lost Cookies products may not be used in any way for any unlawful use. Lost Cookies has the right to stop the service to the Consumer using Products from Lost Cookies for illegal activities.
4.5. Lost Cookies always reserves the right to refuse orders for Lost Cookies justified reasons. The Products are intended for the Consumer and it is not intended that the Products be resold. Lost Cookies can, for example, refuse orders if there are reasonable suspicions of resale. In addition, Lost Cookies can arrange a maximum to the quantities to be ordered.
5. Right of withdrawal and reimbursement
5.1. The Consumer has the right to terminate the Agreement regarding the purchase of a Product within seven (7) calendar days after delivery of the product followed by returning the Product within seven (7) days after termination. The right of withdrawal mentioned in this article does not apply to business end users.
5.2. If the Consumer makes use of this right of withdrawal, he will inform Lost Cookies of this within the aforementioned seven (7) calendar days by e-mail. The Consumer is not obliged to state the reason for the dissolution. After dissolution, the Consumer will receive an instruction from Lost Cookies by e-mail about the prescribed method of returning the Product.
5.3. As soon as possible, but within seven (7) calendar days after termination of the Agreement, the Consumer returns the Product to Lost Cookies. The risk and burden of proof for the correct and timely exercise of the right of withdrawal is the responsibility of the Consumer.
5.4. Return shipments will only be accepted if the Product (in original packaging) is undamaged. The basic principle here is that the Consumer may only handle and inspect the Product as he would be allowed to do in a store. Return shipments must be properly packaged. The costs for return shipments are for the account of the Consumer. If delivered Products are damaged or delivered defectively, the costs for the return shipment will be borne by Lost Cookies.
5.5. Products that are returned without franking will not be accepted by Lost Cookies and will not affect the period specified in Article 5.2.
5.6. Lost Cookies sends a confirmation of receipt to the Consumer upon receipt of the Product. Within 30 (thirty) calendar days after receiving the return shipment of the Product, Lost Cookies reimburses the payment of the Product to the Consumer, including the shipping costs as referred to in article 3.2.
6. Payment
Consumers must pay the price and the other amounts due, under the Agreement, in advance by any of the digital payment methods offered on the Website.
7. Recall of Products
Lost Cookies has the right to revoke Products for its own reasons, including to prevent unsafe Products arriving and / or staying on the trade market or with the Consumer. In the event of such a revocation, Lost Cookies will take the necessary measures to inform the Consumer of the revocation. Lost Cookies will make a possible cancellation known via (among other things) social media and with a message on the website of Lucky Crumbs. In this situation Lost Cookies will request you to cooperate with such a cancellation of Products.
8. Intellectual Property Rights
The word mark LUCKY CRUMBS and all other brands and images of Lost Cookies are protected by national and international laws and treaties for the protection of intellectual property. Without prior permission from Lost Cookies, it is not permitted to reproduce and / or make public these brands and images protected by copyright.
9. Communication
For incorrect or delayed dispatch of order data and communications as a result of the use of the Internet or any other means of communication in traffic between the Consumer and Lost Cookies, or between Lost Cookies and third parties, insofar as it relates to the relationship between the Consumer and Lost Cookies, Lost Cookies is not liable.
10. Force majeure
Without prejudice to the other rights vested, in the event of force majeure, Lost Cookies has the right, at its option, to suspend the execution of an order or to dissolve the Agreement by the Consumer after 30 (thirty) calendar days without judicial intervention and without communication in writing and without Lost Cookies being obliged to pay any compensation.
11. Exclusion of precedent effect
In case Lost Cookies allow deviations from these Terms and Condition for a short or longer period, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The Consumer can never assert any right in case Lost Cookies applies these Terms smoothly.
12. Applicable law
Agreements concluded between Lost Cookies and the Consumer are exclusively governed by Dutch law.
13. Other
These Terms and Conditions consist of 13 articles.
Lost Cookies B.V.
P.O. Box 59520
1040LA Amsterdam
Nederland
Telephone: +31 (0)6 24 83 91 52
E-mail: bianca@lost-cookies.org
VAT: NL860282272B01
CoC: 75435047
ABN AMRO Bank Amsterdam
IBAN: NL37ABNA0857200631
BIC: ABNANL2A
General terms and conditions of resellers
(Online) sales and delivery conditions for resellers of Lost Cookies B.V.
We have summarized the most important points below:
- Customers can pay in advance using the digital payment methods offered on the Website. Lost Cookies will deliver your order to you within seven (7) working days of receiving the payment (if available).
- Customers who opt for a payment condition of fourteen (14) calendar days will receive a digital invoice that must be paid within fourteen (14) calendar days after the invoice date. Lost Cookies will deliver your order to you within seven (7) working days of receiving the order (if available).
- Shipping costs also include the costs of order picking. The prices are based on the total weight of the order. Up to 23 kg we charge € 5, excluding VAT, for shipping and transport costs. For orders of more than 23 kg, we no longer charge shipping and transport costs.
- If the Product does not meet your expectations, you have the right to terminate the Agreement within seven (7) working days. The delivered Products must in that case be returned within seven (7) calendar days after delivery. The costs of returning are for the account of the Customer.
1. Definitions
In these Terms and Conditions, capitalized terms are defined as follows:
“Customer (s)”: professional reseller (s) who order or order Products via the Website or mail;
“Agreement (s)”: the agreement (s) of purchase, sale and delivery that is or will be concluded between a Customer and Lost Cookies;
“Product (s)”: the goods that Lost Cookies offers for sale via its Website or other methods;
“Lost Cookies”: Lost Cookies B.V.;
“Terms and Conditions”: these (online) sales and delivery terms and conditions for resellers of Lost Cookies;
“Website”: the online sales channel of Lost Cookies – www.lucky-crumbs.com – where Consumers can order Products.
2. General
2.1. These Terms and Conditions apply to the formation, content and performance of all Agreements concluded between the Customer and Lost Cookies. General (purchase) conditions of the Customer are hereby expressly rejected and do not apply to these Agreements, unless explicitly agreed otherwise in writing.
2.2. If you place an order with Lost Cookies, you must tick or confirm by e-mail that you agree with the Terms and Conditions of Lost Cookies. Lost Cookies has the right to change these Terms and Conditions with an amendment period of 30 (thirty) calendar days. If you receive Products that you have not ordered or find inaccuracies in a delivery, please report this immediately and at the latest within five (5) working days after receiving the Products to Lost Cookies by sending an e-mail to bianca@lost- cookies.org
3. Price / Shipping costs
3.1. The prices of all Products that can be ordered via the Website or mail include sales tax (VAT).
3.2. The costs of order picking are also included in the shipping costs. The shipping costs are based on the total weight of the order. Up to 23 kg we charge € 5, excluding VAT, for shipping and transport costs. For orders of more than 23 kg, we no longer charge shipping and transport costs.
3.3. The prices of Products mentioned on the Website or by e-mail are subject to change, for whatever reason.
4. Delivery
4.1. All Products are generally available from stock, but the delivery times specified by Lost Cookies are indicative. Exceeding any delivery period does not entitle the Client for compensation.
4.2. The delivery of the Products takes place ex works (Incoterms 2010). The Customer receives a message with a track and trace code as soon as the Products are ready for shipment.
4.3. With due observance of the aforementioned in Article 4.1 of these Terms and Conditions, Lost Cookies will carry out accepted orders as quickly as possible and in principle within seven (7) working days. If the delivery is either (temporarily) out of stock or is delayed for other reasons, or if an order cannot be carried out or can only be partially carried out, the Client will receive information at the latest seven (7) working days after he has placed the order message. In that case, the Customer has the right to cancel the order without costs.
4.4. Lost Cookies reserves the right at all times to refuse orders according Lost Cookies reasons. Lost Cookies products may not be used in any way for any unlawful use. Lost Cookies has the right to stop the service to Customers who use Products for illegal activities.
5. Complaints and liability
5.1. The Customer has the obligation upon delivery of the Products to examine whether the Products comply with the Agreement. If this is not the case, he must notify Lost Cookies in writing within five (5) working days. After the expiry of this period, the Client is deemed to have accepted the Products.
5.2. If it is demonstrated that the Products do not comply with the Agreement, Lost Cookies has the choice to replace the Products concerned with new Products upon receipt and to refund the invoice value thereof. If a Product does not comply with the Agreement, the Customer must return the Product to Lost Cookies within seven (7) calendar days after delivery. Return shipments will only be accepted if the Product (in original packaging) is undamaged. Return shipments must be properly packaged. The costs for return shipments are for the account of the Customer. If delivered Products are demonstrably damaged or delivered defectively, the costs for returning the Products will be for Lost Cookies.
5.3. Products that are returned without being prepaid will not be accepted by us and will not affect the period specified in Article 5.2.
5.4. Lost Cookies excludes – except for the provisions of Article 8.2 – any liability for indirect damage and consequential damage. If and insofar as Lost Cookies is obliged to compensate for damage and has not replaced the Products, the total liability of Lost Cookies due to an attributable shortcoming in the performance of the Agreement or for any other reason is limited to direct damage of a maximum of the total amount of the specific order, possibly increased by the amount per store that is eligible for reimbursement, on the basis of Article 8.2, in the event of a recall promotion. Under no circumstance the total liability of Lost Cookies for the damage, for whatever reason, can amount more than the amount paid out by the insurer under the liability insurance policy contracted by Lost Cookies, taken into account possible deductible amounts as result of the of the terms and conditions of that insurance.
6. Payment
6.1. Consumers must pay the price and the other amounts due, under the Agreement, in advance by any of the digital payment methods offered on the Website.
6.2. Customers with a payment condition of fourteen (14) calendar days receive a digital invoice that must be paid within fourteen (14) calendar days.
6.3. Lost Cookies has the right to suspend any order in case of overdue payment (s). Lost Cookies will also charge statutory interest when the payment term has expired and payment reminders have not been followed.
7. Packaging and wraps
Lost Cookies pays a lot of attention to the packaging of its products. The wrappers contain essential information about, among other things, nutritional value, ingredients and allergens. The Customer is not permitted under any circumstances to remove, replace, modify or in any way make the wrappers of Products (partially or wholly) illegible. If the Customer acts contrary to this Article 7, the Customer is liable for all damage suffered by Lost Cookies and the Customer indemnifies Lost Cookies against all third-party claims in this regard. In addition, any liability of Lost Cookies vis-à-vis the Customer in such a case will be cancelled entirely.
8. Recall of Products
8.1. Lost Cookies has the right to withdraw Products for its own reasons. The Customer shall at all times cooperate with such a recall of Products and comply with all reasonable instructions from Lost Cookies.
8.2. In the event Lost Cookies is liable for a recall of Products and that cancellation is not caused by acts or omissions of the Customer, the liability of Lost Cookies is limited to the purchase value of the recalled Products plus a maximum of EUR 10 (ten euros) per store involved in the recall campaign. If the costs per store are lower than the aforementioned amount, that amount will apply as a maximum. The Customer must demonstrate the costs per store in this regard.
9. Retention of title
The Products delivered by Lost Cookies to a Customer remain its property until all claims of Lost Cookies on that Customer have been paid in full. The risk about the Products transfers at the time of delivery.
10. Intellectual Property Rights
The word mark LUCKY CRUMBS and all other brands and images of Lost Cookies are protected by national and international laws and treaties for the protection of intellectual property. Without prior permission from Lost Cookies, it is not permitted to reproduce and / or make public these brands and images protected by copyright.
11. Communication
For incorrect or delayed sending of order data and communications as a result of the use of the internet or any other means of communication in traffic between the Customer and Lost Cookies, or between Lost Cookies and third parties, insofar as it relates to the relationship between the Customer and Lost Cookies, Lost Cookies is not liable.
12. Force majeure
Without prejudice to the other rights it is entitled to, Lost Cookies has the right, in the event of force majeure, to suspend the execution of an order, or to dissolve the Agreement after 30 (thirty) calendar days without judicial intervention, with informing the Customer in writing and without Lost Cookies being obliged to pay any compensation.
13. Exclusion of precedent effect
In case Lost Cookies allow deviations from these Terms and Condition for a short or longer period, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The Customer can never assert any right in case Lost Cookies applies these Terms smoothly.
14. Applicable law
Agreements concluded between Lost Cookies and the Client are exclusively governed by Dutch law. To the extent applicable, the operation of the Vienna Sales Convention is excluded. All disputes between parties will be submitted exclusively to the competent court in Amsterdam.
15. Other
These Terms and Conditions consist of 15 articles.
Lost Cookies B.V.
P.O. Box 59520
1040LA Amsterdam
Nederland
Telephone: +31 (0)6 24 83 91 52
E-mail: bianca@lost-cookies.org
VAT: NL860282272B01
CoC: 75435047
ABN AMRO Bank Amsterdam
IBAN: NL37ABNA0857200631
BIC: ABNANL2A