Article 1 – Definitions
The following definitions are used in these conditions:
Order: the entirety of products that the buyer purchases from the seller;
Day: any calendar day.
Buyer: the natural or legal person who, not acting from his company or profession, buys products from the seller;
Agreement: the purchase agreement between buyer and seller;
Seller: the general partnership Champy Company, established in Capelle aan den IJssel;
Conditions: the present conditions including this article.
Article 2 – Applicability
These terms and conditions apply to every offer, to every order from the buyer and to every agreement between the buyer and seller.
These terms and conditions can only be deviated from in writing and with the express consent of the seller.
The applicability of the buyer's general (purchase) conditions is expressly rejected.
Article 3 – General provisions
These terms and conditions are written in the masculine form to make them easier to read. However, where a masculine reference word is used, a feminine reference word can also be read, without the meaning or applicability changing.
If at any time one or more provisions of these terms and conditions prove to be null and void or are annulled, the other provisions will remain in full force. In that case, the seller is authorized to unilaterally draw up a replacement provision and declare it applicable, which will approach the original provision as closely as possible.
If at any time ambiguity arises about the meaning of one or more provisions, explanation must always take place in accordance with the spirit of the conditions.
In the event that these terms and conditions have been translated and the translation deviates from the Dutch version, the Dutch version is always leading and binding.
If the seller does not always require strict compliance with these terms and conditions, this will never mean that the terms and conditions are not applicable. The seller is therefore authorized at all times to demand strict compliance with the conditions with immediate effect.
In all cases not covered by these terms and conditions, the seller's decision is binding.
Article 4 – Offer
The seller's offer is without obligation at all times, unless expressly stated otherwise. The seller therefore reserves the right to adjust or withdraw the offer at any time.
If the offer is subject to conditions, such as a limited period of validity, this will be explicitly stated in the offer.
The seller only makes his offer to persons aged 18 and older. If the buyer turns out to be younger than 18 at any time, no agreement will be concluded even after acceptance.
Offers are made at all times subject to sufficient stock. In the unlikely event that the stock turns out to be insufficient, the seller will offer an alternative to the buyer.
When the seller grants a discount on the purchase amount, this discount always applies once or for a predetermined period.
Article 5 – Realization of the agreement
The agreement between the buyer and the seller is concluded as soon as the buyer has sent his order via the online order form offered for this purpose or has passed his order verbally, by telephone or by e-mail.
When the buyer places the order orally, by telephone or by e-mail, this is subject to sufficient availability. The seller will confirm the order by e-mail within one day and indicate whether the stock is sufficient to deliver the entire order.
Article 6 – Shipment
Seller ships the order within seven days of receiving the order. If a longer shipping time is expected, the seller must inform the buyer immediately.
The seller must ensure that the order is packaged in such a way that the risk of damage and/or loss of quality during transport is limited as much as possible.
The costs for shipping are for the account of the buyer, unless expressly agreed otherwise.
The seller is not obliged to use insured shipping.
The seller is not liable for damage that occurs during transport, unless the buyer can demonstrate that the damage is due to negligence or (gross) negligence on the part of the seller.
Article 7 – Payment
The buyer must pay for the order immediately. Seller offers at least 1 (online) payment method for this.
Payment in cash or by debit card is only possible if the buyer chooses to collect the order.
If the payment is not immediately made for the buyer, the seller is authorized to cancel the order without notice of default being required.
Article 8 – Returns
The buyer is authorized to return the ordered products within seven days of receipt, stating the reason, provided that the conditions set out in this article are met.
Products can only be returned if they are unopened and undamaged and the return shipment has been reported to the seller in advance and in writing.
The buyer is responsible for proper packaging and shipping of the products to be returned.
The buyer is liable for damage that is found upon receipt of the return shipment.
After receipt of the return shipment, the seller will refund (a proportionate part of) the purchase amount to the buyer within seven days by transferring it to a bank account designated by the buyer. Reimbursement in cash is not possible.
The shipping costs for the return shipment are for the account of the buyer.
Personalized products cannot be returned.
Article 9 – Revocation and dissolution
The buyer can revoke the agreement up to fourteen days after the order. Revocation takes place by written notification to the seller.
If the order has already been delivered, the buyer must immediately return the order to the seller in the event of cancellation, properly packaged and in the original condition and packaging. The shipping costs are borne by the buyer. The buyer is also liable for all damage discovered by the seller after receipt.
The seller pays the purchase amount back to a bank account designated by the buyer within seven days after receipt of the return shipment. If no shipment has yet taken place, the refund will be made within seven days of receipt of the revocation. Refunds in contacts are not possible.
The seller is authorized to dissolve the agreement with immediate effect if the buyer turns out to be younger than 18 years. In case of doubt about the buyer's age, the seller reserves the right to request the buyer to identify himself. In that case, the agreement will be suspended until the buyer has provided proof of identity.
Article 10 – Insurance
The seller must take out sufficient insurance for damage that occurs to the order after purchase. The Seller must therefore have at least a standard Corporate Liability Insurance.
Article 11 – Warranty
The buyer is only entitled to a warranty with regard to the packaging and shelf life of the product. Since this is a natural product, (minimal) deviations in taste and color are expressly excluded from the warranty.
If the deviation indicated by the buyer falls within the warranty, the seller will replace the product with the same or, if this proves impossible, a comparable product in the same price range. The purchase amount will only be refunded if the seller cannot offer a reasonable alternative.
If the compensation consists of a refund of the purchase price, this will be done within seven days after granting the guarantee to a bank account designated by the buyer.
Article 12 – Advice
The seller will advise the buyer, if the buyer so requests, by telephone or e-mail about his purchase. This advice is free of charge.
Koper heeft nooit recht op garanties of schadevergoedingen naar aanleiding van het door verkoper gegeven advies.
Artikel 13 – Klachten
The buyer must submit complaints in connection with the purchase or agreement in writing within seven days after the complaint arose or was established. This can be done by letter or e-mail.
The seller is obliged to immediately confirm receipt of the complaint in writing. Subsequently, the seller must respond in writing within fourteen days of receipt of the complaint and, if necessary, provide an appropriate solution.
If it is not possible for the seller to respond within fourteen days, he must immediately notify the buyer in writing.
If the complaint relates to the quality of the delivered product, the seller is authorized to have samples examined. The buyer must make these samples available to him or a third party designated by the seller at the seller's first request.
Buyer and seller will always first try to resolve the complaint in mutual consultation. If they do not come to a solution even after proper consultation, there is a dispute.
The seller reserves the right not to deal with complaints submitted later than the term referred to in the first paragraph.
Article 14 – Modification of the conditions
Seller reserves the right to modify, shorten or expand these terms and conditions at any time and in its sole discretion.
The terms and conditions that were published on the seller's website at the time of ordering always apply to the agreement.
The seller is not obliged to inform the buyer about a change in the terms and conditions.
Article 15 – Disputes, applicable law and competent court
Dutch law applies exclusively to all orders and agreements between buyer and seller. Even if and insofar as the agreement is wholly or partly performed abroad. The applicability of the Vienna Sales Convention is expressly rejected.
Disputes between buyer and seller can only be settled by the court of Rotterdam.
Capelle aan den IJssel, 12 January 2021 – versin 1.0.
Champy Company
Kerklaan 3
2903 BA Capelle aan den IJssel
KvK: 81407823