Terms and Conditions

General Terms and Conditions – Nuts4All

Nuts4All is a trading name of Deli Gotjé Professioneel B.V.
All agreements concluded through the Nuts4All website are entered into with Deli Gotjé Professioneel B.V.

Article 1 – Definitions

  1. Nuts4All: trading name of Deli Gotjé Professioneel B.V.
  2. Deli Gotjé Professioneel B.V.: the legal entity offering and supplying products through Nuts4All.
  3. Customer: any natural person or legal entity entering into an agreement with Nuts4All.
  4. Consumer: a natural person acting for purposes outside their trade, business or profession.
  5. Business customer: a customer acting in the course of a trade, business or profession.
  6. Agreement: any agreement between Nuts4All and the customer.

Article 2 – Applicability

  1. These general terms and conditions apply to all offers, orders and agreements through Nuts4All.
  2. Any deviations from these terms and conditions are only valid if agreed in writing.
  3. If any provision is found to be invalid, the remaining provisions shall remain in full force.

Article 3 – Offers and prices

  1. All offers are non-binding unless expressly stated otherwise.
  2. Obvious errors or mistakes in offers, product information or prices shall not bind Nuts4All.
  3. Prices shown on the website for consumers include VAT unless stated otherwise.
  4. Nuts4All reserves the right to change its prices. A price change shall not affect orders already confirmed, unless otherwise agreed.

Article 4 – Conclusion of the agreement

  1. The agreement is concluded after the customer places an order and Nuts4All confirms the order.
  2. Nuts4All may refuse an order or impose additional conditions if there is a reasonable basis for doing so.
  3. If a product proves to be unavailable, Nuts4All will inform the customer as soon as reasonably possible.

Article 5 – Payment

  1. Payment shall be made using the payment methods offered on the website.
  2. Payment by invoice may be agreed for business customers.
  3. If a consumer does not pay on time, the statutory rules concerning default and any collection costs shall apply.
  4. For business customers, the agreed payment terms and, where applicable, statutory commercial interest and collection costs shall apply.

Article 6 – Delivery

  1. Nuts4All endeavours to deliver orders as quickly as possible.
  2. Stated delivery times are indicative unless a fixed delivery time has expressly been agreed.
  3. Consumers retain their statutory rights if delivery does not take place within the agreed period.
  4. For consumers, the risk of damage to or loss of the products passes when the customer, or a third party designated by the customer, receives the products.
  5. Different delivery and risk arrangements may be agreed with business customers.

Article 7 – Right of withdrawal for consumers

  1. Consumers entering into a distance contract generally have the right to withdraw from the agreement within 14 days after receiving the product, without giving any reason.
  2. The consumer may withdraw via the withdrawal function on the website, by using the model withdrawal form, or by clearly informing Nuts4All in another way that they wish to withdraw from the purchase.
  3. After notifying Nuts4All of the withdrawal, the consumer has a further 14 days to return the relevant products.
  4. Further information about withdrawal and returns can be found on the Right of withdrawal and returns page on the website.

Article 8 – Exceptions to the right of withdrawal

  1. The statutory right of withdrawal applies only to consumers.
  2. For sealed products that are not suitable for return for reasons of health protection or hygiene, the right of withdrawal may expire once the seal, closure or packaging has been opened or broken after delivery.
  3. This does not affect complaints concerning the quality or conformity of a product. If there is something wrong with the quality, the customer may always contact Nuts4All.
  4. The right of withdrawal does not apply to products made to the consumer's specifications or clearly personalised for a specific person.
  5. The mere fact that a standard product is produced or packaged only after receipt of the order does not in itself exclude the statutory right of withdrawal.

Article 9 – Returns and refunds

  1. The direct costs of returning products in the event of withdrawal are borne by the consumer.
  2. The customer must package the return shipment carefully.
  3. In the event of a valid withdrawal, Nuts4All will refund the amount due no later than 14 days after receiving the withdrawal notification.
  4. If the entire order is withdrawn, the cost of the least expensive standard delivery option will also be refunded.
  5. Nuts4All may postpone the refund until the products have been received or until the consumer has provided evidence that the products have been returned, whichever occurs first.
  6. The refund will in principle be made using the same payment method used for the original order.

Article 10 – Products made to specification and customised products

  1. For products manufactured according to the customer's specifications or clearly intended for a specific customer, the statutory right of withdrawal may be excluded.
  2. If a customised product is excluded from the right of withdrawal, the consumer will be informed before the agreement is concluded.
  3. For standard products that are only produced or packaged after receipt of an order, the statutory right of withdrawal continues to apply to the extent required by law.

Article 11 – Complaints and conformity

  1. Customers are requested to report complaints about products as soon as reasonably possible after discovering the issue.
  2. Reporting a complaint within a particular period is not a condition for the statutory rights of a consumer.
  3. Nuts4All will assess and handle complaints as soon as reasonably possible.
  4. Consumers are entitled to receive products that conform to the agreement and retain their statutory rights if this is not the case.

Article 12 – Shelf life and storage

  1. Nuts4All sells food products with a stated best-before or expiry date.
  2. The customer must follow the storage and usage instructions stated on the packaging.
  3. Nuts4All is not liable for loss of quality resulting from incorrect storage, handling or use by the customer.

Article 13 – Allergens and food information

  1. Nuts4All processes and sells nuts and other food products that contain or may contain allergens.
  2. The legally required product and allergen information is provided with the products.
  3. Customers with an allergy or intolerance should always check the current product and allergen information before consumption.
  4. This article does not exclude Nuts4All's statutory liability for incorrect or incomplete mandatory food information.

Article 14 – Retention of title

  1. Delivered products remain the property of Nuts4All until the customer has fully met their payment obligations, insofar as permitted by law.
  2. Business customers may not pledge or otherwise encumber products subject to retention of title.

Article 15 – Liability

  1. Nuts4All is liable for damage to the extent that such liability arises under applicable law or the agreement.
  2. For business customers, Nuts4All shall not be liable for indirect damage, including consequential loss, loss of profit and business interruption, except in cases of intent or deliberate recklessness and subject to mandatory law.
  3. For consumers, statutory liability rights shall not be restricted insofar as such a restriction is not permitted by law.

Article 16 – Force majeure

  1. Nuts4All is not obliged to perform an obligation if performance is temporarily or permanently impossible due to circumstances that cannot reasonably be attributed to Nuts4All.
  2. Force majeure may include serious disruptions, transport problems, natural disasters, government measures and other circumstances outside the reasonable control of Nuts4All.
  3. Mandatory statutory rights of consumers remain unaffected.

Article 17 – Intellectual property

All texts, images, trademarks and other content on the Nuts4All website are owned by Nuts4All or its licensors and may not be used without permission, except where permitted by law.

Article 18 – Privacy

When processing personal data, Nuts4All complies with applicable privacy legislation. Further information can be found in the privacy statement on the website.

Article 19 – Applicable law and disputes

  1. Agreements with Nuts4All are governed by Dutch law.
  2. For consumers, this choice of law does not affect the protection afforded to them by mandatory provisions of the law of their country of residence.
  3. Disputes shall be submitted to the competent court in accordance with the applicable statutory rules.