Terms and conditions of use

TERMS AND CONDITIONS

Definitions

In these general terms and conditions, the following words have the meanings specified unless the context indicates otherwise:

Reflection period means the period within which a consumer can exercise their right of withdrawal;
Consumer means the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
Day means a calendar day;
Digital content means data that is produced and delivered in digital form;
Durable data carrier means any tool - including email - that enables a consumer or DMT | Dutch Magic Truffles to store information personally addressed to them in a way that allows future access or use for a period tailored to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
Right of withdrawal means the consumer's ability to withdraw from a distance contract within the reflection period;
Distance contract means a contract concluded between DMT | Dutch Magic Truffles and a consumer as part of an organized system for the distance selling of products, digital content, and/or services, where up to and including the conclusion of the contract, only or partly use is made of one or more remote communication techniques;
Withdrawal form means the form for withdrawal from a distance contract included in the Annex to these terms and conditions;
DMT | Dutch Magic Truffles means the company flores-comestibles.com, located at Schielaan, 54A, in Rotterdam and registered with the Chamber of Commerce under number 85097098; and
Website means the website of DMT | Dutch Magic Truffles, namely https://flores-comestibles.com.

Applicability

1. These general terms and conditions apply to every offer made by DMT | Dutch Magic Truffles and to every distance contract concluded between DMT | Dutch Magic Truffles and a consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will 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 not reasonably possible, DMT | Dutch Magic Truffles will, before the distance contract is concluded, indicate how the general terms and conditions can be electronically accessed and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
3. In the event that specific product or service conditions also apply alongside these general terms and conditions, the second applies accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.

Offer

1. Obvious mistakes or errors in the offer of products, digital content, and/or services do not bind DMT | Dutch Magic Truffles.
2. Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Agreement

1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
2. If the consumer has accepted the offer electronically, DMT | Dutch Magic Truffles will immediately confirm receipt of the acceptance of the offer electronically.

Right of Withdrawal

1. The consumer can dissolve a contract for the purchase of a product within a reflection period of 14 days without giving any reason.
2. The reflection period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
   a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. DMT | Dutch Magic Truffles may refuse an order for multiple products with different delivery times, provided they have informed the consumer clearly in advance during the ordering process;
   b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part; or
   c. for agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, has received the first product.
3. The consumer can dissolve a service contract and a contract for the supply of digital content that has not been delivered on a material carrier for 14 days without giving any reason.
4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Treatment of the Product during the Reflection Period

1. During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
2. The consumer is liable for any depreciation of the product resulting from a way of handling the product beyond what is permitted in paragraph 1.

Exercise of the Right of Withdrawal

1. When the consumer exercises their right of withdrawal, they will notify DMT | Dutch Magic Truffles of this within the reflection period by means of the withdrawal form or by other unambiguous means.
2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (a representative of) DMT | Dutch Magic Truffles.
3. The consumer has returned the product before the end of the reflection period or has demonstrated that they have returned the product within the reflection period, whichever occurs first.

Obligations of DMT | Dutch Magic Truffles in Case of Withdrawal

1. If DMT | Dutch Magic Truffles makes the notification of withdrawal by the consumer possible electronically, they will send an acknowledgment of receipt immediately after receiving this notification.
2. DMT | Dutch Magic Truffles will reimburse all payments made by the consumer, including any delivery costs charged by DMT | Dutch Magic Truffles for the returned product, immediately but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless DMT | Dutch Magic Truffles offers to collect the product themselves, they may wait to pay back until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.

Exclusion of the Right of Withdrawal

1. DMT | Dutch Magic Truffles can exclude the following products and services from the right of withdrawal, but only if DMT | Dutch Magic Truffles has clearly stated this in the offer, at least in time for the conclusion of the agreement:

a. Products or services whose price is subject to fluctuations in the financial market over which DMT | Dutch Magic Truffles has no influence and which can occur within the withdrawal period;

b. Agreements concluded during a public auction. A public auction means a sales method where products, digital content, and/or services are offered by DMT | Dutch Magic Truffles to the consumer who is personally present or has the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;

c. Service agreements, after full performance of the service, but only if:

1. The performance has begun with the express prior consent of the consumer; and
2. The consumer has declared that they will lose their right of withdrawal as soon as DMT | Dutch Magic Truffles has fully performed the agreement;

d. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of the consumer's individual choice or decision, or which are clearly intended for a specific person;

e. Products that spoil quickly or have a limited shelf life;

f. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

g. Products that, by their nature, are irrevocably mixed with other products after delivery;

h. Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which DMT | Dutch Magic Truffles has no influence;

i. Sealed audio, video recordings, and computer software of which the consumer has broken the seal after delivery;

j. Newspapers, periodicals, or magazines, with the exception of subscriptions to this;

k. The supply of digital content other than on a material carrier, but only if:

1. The performance has begun with the express prior consent of the consumer; and
2. The consumer has declared that they will lose their right of withdrawal.