General terms and conditions for the FRESK consumer webshop

Article 1. Definitions

1.1. In these Terms and Conditions, the following words have the meanings defined below when capitalized, unless expressly stated otherwise or the context otherwise requires:

a. FRESK BV: the user of these general terms and conditions: FRESK BV is located at Noorddijk 92, 1521PD Wormerveer, registered with the Chamber of Commerce under Chamber of Commerce number 53990595;

b. Agreement: any agreement concluded between the Customer, as defined below, and FRESK, any amendment and/or supplement thereto, as well as all (legal) acts in preparation and in execution of that Agreement;

c. Customer: the natural person (being a consumer) who acts for purposes which are outside his trade, business or profession and who places an order with FRESK via the website;

d. Product: the item delivered by FRESK to the Customer in execution of the Agreement;

e. Website: the collection of pages that can be accessed via the Internet using domain names that are or will be registered in the name of Supplier and/or domain names that Supplier uses under a license already granted or yet to be granted by the holder of those domain names;

f. Personal data: any information relating to an identified or identifiable natural person;

g. Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, consultation, retrieval, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

h. Data subject: an identified or identifiable natural person to whom the processed Personal Data relates;

i. Data breach: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed;

j. Supervisory Authority: an independent government agency responsible for monitoring compliance with the law regarding the Processing of Personal Data. In the Netherlands, this is the Dutch Data Protection Authority.

Article 2. General

2.1. These general terms and conditions apply to every offer from FRESK and to every agreement between FRESK and the Customer concluded through the Website. These general terms and conditions expressly do not apply to a Customer who is a legal entity or a private individual in the exercise of their business or profession. FRESK has drawn up separate general terms and conditions for agreements concluded between FRESK and entrepreneurs. The general terms and conditions for entrepreneurs can be requested via the following email address: service@fresk.nl
2.2. Before the Agreement between Fresk and the Client is concluded, the text of these general terms and conditions will be made available to the Client. If this is not reasonably possible, FRESK will indicate before the Agreement is concluded how the general terms and conditions can be viewed at FRESK and that they will be sent to the Client free of charge as soon as possible upon the Client's request.

2.3. If the Agreement between FRESK and the Customer is concluded electronically, notwithstanding the previous paragraph, the text of the general terms and conditions may be made available to the Customer electronically before the Agreement is concluded, in such a way that the Customer can easily store them on a durable data carrier. If this is not reasonably possible, before the Agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon the Customer's request.

2.4. FRESK reserves the right to change these terms and conditions and/or the content of its website.

2.5. Provisions that deviate from these general terms and conditions are only valid if and to the extent that the parties have expressly agreed to them in writing or by email.

2.6. If deviating provisions have been agreed upon regarding certain topics governed by these general terms and conditions, these general terms and conditions will remain in force for the remainder of the Agreement. Agreed deviations will never apply to more than one Agreement.

2.7. If one or more provisions of these terms and conditions are void or become void, the remaining provisions of these terms and conditions will remain fully applicable. Fresk will replace the void or voided provisions, taking into account the purpose and intent of the original provision(s) as much as possible.

2.8. If FRESK does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that FRESK in any way loses the right to demand strict compliance with the provisions of these terms and conditions in other cases.

2.9. These general terms and conditions also apply to other Agreements, including subsequent or additional Agreements, to which the Customer and FRESK, or their legal successor(s), are parties.

Article 3. Offer

3.1. If an offer for a Product on the Website has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

3.2. The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to enable the Customer to properly assess the offer. If FRESK uses images, these are a true representation of the Products offered.

3.3. FRESK's offer on the Website is valid while stocks of the relevant Product last.

3.4. Obvious mistakes or errors, such as writing, typing, or typographical errors, in the offer on the Website or in email messages do not bind FRESK.

3.5. The range offered on the Website changes regularly.

Article 4. The Agreement

4.1. Subject to the provisions of paragraph 5, the Agreement shall be concluded at the time the Customer accepts the offer and meets the conditions set therein, namely completing the entire ordering process via the Website and clicking the 'Pay' button.

4.2. If the Customer has accepted the offer electronically, FRESK will immediately confirm receipt of acceptance of the offer electronically. As long as FRESK has not confirmed receipt of this acceptance, the Customer may terminate the Agreement.

4.3. The confirmation email referred to in paragraph 2 of this article contains the Customer's order number and other details of the order. If the confirmation email does not correctly reflect the Customer's order, the Customer must contact FRESK as soon as possible.

4.4. If the Agreement is concluded electronically, Fresk will implement appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Customer can pay electronically, FRESK will implement appropriate security measures.

4.5. FRESK may, within legal frameworks, investigate whether the Customer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the Agreement. If, based on this investigation, FRESK has good reason not to enter into the Agreement, it is entitled to reject an order or request with reasons or to impose special conditions on its execution.

4.6. FRESK will, at the latest upon delivery of the Product to the Customer, include the following information, in writing or in such a way that the Customer can store it in an accessible manner on a durable data carrier:

a. the visiting address of the FRESK branch where the Customer can go with complaints;

b. the conditions under which and the manner in which the Customer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

c. the information about guarantees and existing after-sales service;

d. the price inclusive of all taxes of the Product; where applicable, the costs of delivery; and the method of payment, delivery or performance of the Agreement;

e. if the Customer has a right of withdrawal, the model withdrawal form.

Article 5. Terms of Use of Website

5.1. When using the Website, the Customer must act in a manner that may be expected of a responsible and careful internet user.

5.2. The Customer is not permitted to circumvent or crack the security applications on the Website.

5.3. The Customer is not permitted to use the Website in such a manner that the proper functioning of FRESK's or third-party computer systems is affected, or that other users of the Website are hindered or obstructed.

Article 6. Prices

6.1. The prices stated in the Product range listed on the Website include 21% VAT (for the Netherlands) and exclude shipping costs.

6.2. FRESK has the right to adjust its prices from time to time.

Article 7. Payment

7.1. FRESK offers various payment options on its website. Using these payment options, the Customer pays for the ordered Products and shipping costs in full in advance. After Fresk receives payment, the ordered Products will be shipped to the Customer (subject to the delivery time stated for the Product).

7.2. FRESK has taken appropriate security measures to ensure that electronic payments via the Website are processed securely.

Article 8. Delivery

8.1. Of the Products listed on the Website, it may sometimes be that only one item remains in stock. It is also possible that Products offered on the Website are no longer available at all because multiple people ordered the Product simultaneously or in quick succession. In such a case, the order is gone, it's gone. If the Product ordered by the Customer is no longer available, the Customer will be notified as soon as possible. The Customer will be asked if they wish to receive a Product of equal value to the already paid, but out-of-stock Product. If the Customer does not wish this, the amount already paid for the out-of-stock Product will be refunded to the Customer.

8.2. The order will be sent by FRESK to the address specified by the Customer.

8.3. FRESK will execute orders placed by the Customer expeditiously, but no later than within 30 (thirty) days, unless a different delivery period has been agreed.

8.4. The delivery period stated by FRESK on the Website or in these general terms and conditions shall never be considered a strict deadline.

8.5. If the delivery of the Products ordered by the Customer is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Customer will receive notice of this from FRESK no later than 30 (thirty) days after the conclusion of the Agreement. In that case, the Customer has the right to terminate the Agreement free of charge. If the Customer terminates the Agreement, FRESK will refund any amounts already paid within 14 (fourteen) days of the termination.

8.6. The risk of damage and/or loss of Product rests with Fresk until the moment of delivery to the Customer or a previously designated representative made known to FRESK, unless expressly agreed otherwise.

8.7. The Customer is responsible for all import duties, customs formalities and taxes related to the Product.

Article 9. Right of withdrawal

9.1. The customer has the right to cancel the Agreement within 14 (fourteen) days without giving any reason. FRESK may ask the customer for the reason for cancellation, but may not oblige them to state their reason(s).

9.2. The period referred to in paragraph 1 commences on the day after the Customer, or a third party designated in advance by the Customer, who is not the carrier, has received the Product, or:

a. if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by them, received the last Product in the relevant order. FRESK may refuse an order for multiple Products with different delivery times, provided it has clearly informed the Customer of this prior to the ordering process.

b. if the delivery of a Product consists of multiple shipments or parts: the day on which the Customer, or a third party designated by the Customer, has received the last shipment or the last part.

9.3. The Customer will be informed of this right of withdrawal via the delivery confirmation email. The model withdrawal form can be requested via service@fresk.nl.

9.4. During the withdrawal period as described in Article 9.1, the Customer will handle the Product and its packaging with care. The Customer will only unpack or use the Product to the extent necessary to assess whether they wish to keep it. The basic principle here is that the Customer may only handle and inspect the Product as they would in a store. Any modifications to the Product by the Customer and/or third parties will result in the Customer's right of withdrawal being forfeited.

9.5. If the Customer wishes to exercise his right of withdrawal, the Customer must expressly inform FRESK of this within 14 (fourteen) days after the period pursuant to paragraph 2 of this article has commenced.

9.6. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.

9.7. After the Customer has exercised their right of withdrawal, the Customer must return the Product and all accessories supplied with it to FRESK within 14 (fourteen) days, if possible unused, undamaged and unaltered and, if reasonably possible, in the original packaging.

9.8. The Customer may also, without first informing FRESK that they are exercising their right of withdrawal, return the Product to FRESK within the withdrawal period described in Article 9.1. In such a case, the Customer must include a statement showing that they are exercising their right of withdrawal.

9.9. If the Customer informs FRESK electronically that he or she is invoking his or her right of withdrawal, FRESK will send the Customer an acknowledgement of receipt after receiving this notification.

9.10. If the returned Product is damaged, incomplete or used, this damage will be deducted from the amount that FRESK refunds to the Customer in accordance with Article 9.13.

9.11. If the Customer terminates the Agreement in accordance with this article, the shipping costs associated with returning the Product will be borne by the Customer.

9.12. The risk of the return shipment rests with the Customer. The Customer must provide sufficient postage for the return shipment. Insufficiently prepaid or unprepaid returns will not be accepted.

9.13. In the event of a cancellation as described in this article, FRESK will refund any monies already paid (purchase price + shipping costs for sending the order) within 14 (fourteen) days after the Customer has invoked their right of withdrawal. Unless FRESK offers to collect the Product itself, it may withhold reimbursement until it has received the Product or until the Customer demonstrates that they have returned the Product, whichever is earlier. If the Customer does keep part of the order, the shipping costs for sending the order will not be refunded to the Customer.

9.14. FRESK will use the same payment method the Customer used for the refund, unless the Customer agrees to a different method. The refund is free of charge for the Customer.

9.15. If the Customer has opted for a more expensive delivery method than the cheapest standard delivery, FRESK is not obliged to reimburse the additional costs for the more expensive method.

9.16. If the Customer exercises his right of withdrawal, all additional Agreements will be terminated by operation of law.

Article 10. Return address

10.1 The products must be returned to the following address:

FRESK BV

Northdijk 92

1521PD Wormerveer

The Netherlands

Article 11. Conformity, complaints and warranty

11.1. The Customer is obligated to inspect the delivered Product at the time of delivery, but in any case as soon as possible. In doing so, the Customer must examine whether the quality and quantity of the delivered Product conform to what was agreed upon, or at least meet the requirements that apply in normal (commercial) transactions.

11.2. Any visible defects or shortcomings must be reported to FRESK within 3 (three) days of delivery via the email address service@fresk.nl .

11.3. FRESK warrants that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the Agreement is concluded.

11.4. The warranty referred to in paragraph 3 applies for a period of 2 (two) months after delivery, unless otherwise indicated. If the delivered Product does not comply with the Agreement, the Customer must report this via email to service@fresk.nl within 2 (two) months of discovering the defect.

11.5. Failure to submit complaints or report defects on time may result in the lapse of all liability on the part of FRESK.

11.6. In order to investigate whether the delivered Product is defective, FRESK may require the Customer to return the Product to FRESK at FRESK's expense.

11.7. If the Customer has a valid complaint, FRESK will deliver a new Product. If delivery of a new Product is not possible, the purchase price of the Product will be (partially) credited and refunded.

11.8. If the customer has made an unjustified complaint, FRESK has the right to charge the customer for the costs it has incurred as a result, such as shipping costs.

11.9. If the package containing the order is presented to the Customer damaged by the delivery person, the Customer should not accept the package and should immediately inform FRESK via email at service@fresk.nl that they have not accepted the package due to transport damage.

Article 12. Liability

12.1. The information and services on the Website may contain technical inaccuracies and/or typographical errors. FRESK is not liable for such inaccuracies and/or errors.

12.2. The operation of the Website may be interrupted due to, for example, a malfunction or maintenance. FRESK is not liable for damages resulting from temporary unavailability of the Website.

12.3. FRESK cannot guarantee that the information on the Website is correct. FRESK will make every effort to keep this information as accurate as possible. External influences, such as those caused by hackers, are always possible and can lead to data corruption. FRESK is not liable for this data corruption.

12.4. FRESK is not liable for damages of any nature whatsoever resulting from FRESK's use of incorrect and/or incomplete information provided by the Customer.

12.5. The colors displayed on the Customer's screen may differ from the actual colors of the Product. FRESK is not liable for such color deviations.

12.6. FRESK is not liable for damage to the Product or caused by the Product due to improper or unskilled use, or due to changes made to the Product by the Customer and/or third parties.

12.7. FRESK is not liable for any corruption or loss of data resulting from transmission of data using telecommunications facilities.

Article 13. Force Majeure

13.1. FRESK is not obligated to fulfill one or more obligations under the Agreement or to pay damages in the event of force majeure. Force majeure is understood to mean, in addition to its definition in law and case law, all external causes, whether foreseen or unforeseen, over which FRESK has no control, but which prevent FRESK from fulfilling its obligations. Force majeure is understood to mean, in any case: weather conditions; theft; power and internet outages; floods, landslides, and other natural disasters; terrorism; obstructions by third parties, including government agencies; transport obstacles; strikes; riots, wars, or threats of war; loss of or damage to Products during transport; export and import bans; fires, disruptions, and accidents in FRESK's business; the burning of FRESK's or the transport company's means of transport, the occurrence of malfunctions in such means of transport, and the involvement in accidents involving such means of transport; measures of any domestic, foreign, or international government.

13.2. If FRESK knows or suspects that it cannot deliver the order (in part) on time due to force majeure, FRESK will inform the Customer of this as soon as possible by email.

Article 14. Processing of Personal Data

14.1. When FRESK Processes Personal Data during the performance of the Agreement, FRESK will Process the Personal Data in a proper and careful manner and comply with the legal requirements arising from the General Data Protection Regulation and the General Data Protection Regulation Implementation Act.

14.2. FRESK will inform the Client within four business days of any request and/or complaint from the Supervisory Authority regarding the Personal Data Processed in the performance of the Agreement.

14.3. FRESK will cooperate with a request from the Customer to exercise its rights, such as, but not limited to, the right to access, correct, delete, object to the Processing of Personal Data, and request portability of its own Personal Data.

14.4. FRESK will inform the Customer of the discovery of a potential Data Breach within 24 (twenty-four) hours of its discovery. FRESK will then keep the Customer informed of any new developments surrounding the Data Breach.

14.5. FRESK will provide the following information in the event of a data breach:

- a detailed description of the Data Breach;

- type/kind of Personal Data involved in the Data Breach;

- how many persons' Personal Data are involved in the Data Breach;

- the measures taken to limit negative consequences for the Data Subjects and to remedy the Data Breach;

- the cause of the data breach;

- the duration of the data breach and the moment it occurred.

14.6. Any costs incurred to resolve the Data Breach will be borne by the party incurring the costs, unless the Data Breach is caused by FRESK's failure to comply with the Agreement, in which case Little Dutch will bear the costs. In addition, the Customer retains the right to pursue other legal remedies.

14.7. Communication about the Data Breach will always take place in consultation.

14.8. When the Agreement between the parties ends, FRESK will retain the Personal Data it has processed in performing the Agreement for the duration stated in FRESK's Privacy Statement as stated on FRESK's website.

Article 15. Customer service

15.1. For questions about the order or to submit a complaint, the Customer can contact FRESK customer service. FRESK customer service can be reached in the following ways:

By telephone: +31(075-6210888)

Via the email address: service@fresk.nl

15.2. Queries will be processed on working days by customer service employees.

15.3. Complaints submitted to FRESK will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint has a foreseeable longer term,

If your request requires processing time, FRESK will respond within 14 days with an acknowledgement of receipt and an indication of when the customer can expect a more detailed response.

Article 16. Intellectual property rights

16.1. All intellectual property rights relating to the Website belong to FRESK.

16.2. The Client may not use, copy, forward, disseminate, reproduce, distribute, publish, duplicate, or make public any photos, information, texts, logos, trademarks, trade names, images, etc. made available to them through the Website.

16.3. If the Customer violates FRESK's intellectual property rights, the Customer is liable for all damages FRESK suffers as a result. Damage includes, but is not limited to, reputational damage and loss of revenue.

Article 17. Applicable law and competent court

17.1. All rights, obligations, offers and agreements to which these general terms and conditions apply are exclusively governed by Dutch law.

17.2. All disputes between the Customer and FRESK will be submitted to the competent court in the district where FRESK is established. The Customer has one month after FRESK has invoked this clause in writing to the Customer to choose the legally competent court to settle the dispute.