Terms of service

Last updated: 4-2021

1. General
1.1 These general terms and conditions (hereinafter: “GTC”) are used by Fruitfunk B.V., a private company under Dutch law, with its registered office in 's-Hertogenbosch, the Netherlands, and located at (5222AV) Helftheuvelweg 11, 's-Hertogenbosch, The Netherlands , registered with the Chamber of Commerce under registration number 61833177 (hereinafter: “Fruitfunk”). These GTC only apply to consumers and contain a provision regarding the law applicable to the agreement concluded with Fruitfunk and the court that has jurisdiction to hear any disputes. 

1.2 Fruitfunk can be reached by e-mail and telephone using the following details: 
Email address: info@fruitfunk.com 
Phone number: 0135909907

1.3 Fruitfunk's VAT number is NL854508119B01

1.4 The headings and hyperlinks used in these GTC are only included for ease of reading. The use of this will in no way affect or change the operation of the GTC. 

2 Applicability, changes and validity
2.1 The GTC, including the conditions and policies referred to, apply to all services provided by Fruitfunk to you, such as but not limited to ordering and delivering products (hereinafter: “Products”), such as fruit-based snacks , via the webshop (hereinafter: “Fruitfunk Webshop”) located at https://www.fruitfunk.com (hereinafter: “Website”)

2.2 The GTC can be viewed at any time, downloaded and saved for later reference via the “general terms and conditions” link at the bottom of every page of the fruitfunk.com domain.

2.3 When you have ordered a Product via the Website, you have expressly agreed to the content and applicability of these GTC. We expect you to keep a copy of all relevant agreements, contracts and documents, such as these T&Cs and the Privacy Policy, and print out these documents when you deem it necessary. The T&C and Privacy Policy are here at any time; https://www.fruitfunk.com/algemene-voorwaarden/.

2.4 Fruitfunk reserves the right to make changes to the Websites, Products and applicable policies such as our Privacy Policy and these GTC at any time. The applicability of these changes takes effect when they are published by Fruitfunk in the places mentioned in these GTC.


2.5 If (part of) an article of these GTC is declared void or invalid or otherwise loses its applicability or is withheld, the parties will remain bound by the remaining part. The invalid provision will then be replaced by provisions that are valid and binding and, as much as possible, have the same or comparable scope as the void, invalid or otherwise inapplicable provisions.

3 Order products via the Websites
3.1 You can only order Products from the Fruitfunk Online Stores if you meet the following conditions:
i) You are at least 18 years old
ii) You are a consumer


3.2 You need a working email address to place an order. In addition, you may need to adjust your cookie settings to enable ordering Products via the Website. For example, Products may not remain in your shopping cart during the ordering process if you have disabled all your cookies. You can adjust your settings through the options your browser offers you


3.3 Fruitfunk tries to provide as accurate a description as possible of the products in the Fruitfunk Webshop. Here you can also find prices, shipping methods and information about delivery times. If restrictions apply to the shipment of Products, Fruitfunk will inform you about this in a timely manner.


3.4 To place an order with Fruitfunk, complete the following steps;
i) Select the Product you wish to order by clicking on 'Add to shopping cart
ii) Click on 'Go to checkout' to continue the ordering process or continue shopping if you have not yet found what you are looking for;
iii) Check the Products and quantities you wish to order and click on 'Next Step';
iv) If necessary, use a discount code or enter your wishes in the comments.
v) Fill in your details and provide the address to which Fruitfunk should send the Product(s);
vi) Select the desired payment method;
vii) Then check the products and the chosen ordering method one more time before clicking on order with payment obligation.
viii) Click on 'Pay with payment obligation'

 

4 Right of dissolution
4.1 Fruitfunk makes every effort to ensure your satisfaction. This means, among other things, that the Product delivered to you must correspond with the agreement you have concluded with Fruitfunk.


4.2 You have the right to terminate the purchase agreement with regard to a Product, which you concluded with Fruitfunk via the Website, within 14 days after delivery of your complete order of Products to you or a third party designated by you. This means that you return the Products to Fruitfunk and receive a refund of the amount you paid, minus the costs for returning.


4.3 If you wish to terminate an agreement with Fruitfunk, you can use our standard termination form, which you can download here: https://www.fruitfunkwebshop.com/herroepingsvoorwaarden/


You can also send an unequivocal statement of your wish to terminate the agreement to the address details stated in Article 1.


4.4 If you cancel a purchase agreement for Products, you must return the Products in question within 14 days after canceling the agreement to the following address:
Helftheuvelweg 11, 5222AV, 's-Hertogenbosch, Netherlands


4.5 If you have received Products in the context of your agreement with Fruitfunk, Fruitfunk will reimburse the amount paid by you, including the costs of shipping to you, after termination of the agreement. Fruitfunk uses the same payment method that you selected to pay the amount to us. Fruitfunk reserves the right not to return the full amount of shipping costs to you if you have chosen a method of shipping other than the cheapest method that Fruitfunk has offered you.


4.6 You will bear the costs of returning the Products to Fruitfunk if you exercise your right of cancellation with regard to your purchase of Products. You must return the Products to Fruitfunk by letter or parcel post from a usual parcel service. Our preference is PostNL. The prices for sending packages with PostNL, which costs give a good indication of the costs for returning Products that cannot be returned by regular letter post, can be found here; https://www.postnl.nl/ Rates/


4.7 When your order is still being processed by Fruitfunk, you can cancel your order with regard to the purchase of Products by contacting Fruitfunk using the details stated in Article 1 in these GTC. Fruitfunk will then send you a confirmation of cancellation by email. If your order has already been transferred to the carrier, you can exercise your right of cancellation as described above after delivery of the ordered Product or Products.

5 Prices and payments
5.1 The prices of the Products are clearly and unambiguously stated on the Website. VAT, taxes and any additional (shipping, delivery) costs are, if applicable, stated and included in the total price. The currency is stated in the prices.


5.2 Fruitfunk offers the following payment options:
• iDeal
• Credit Card
• Bancontact


5.3 Fruitfunk does not accept any methods of payment other than those indicated by Fruitfunk. If you use a payment method not specified by Fruitfunk, Fruitfunk is not liable for the consequences of this choice.


5.4 The possible methods of delivery and delivery times are stated on the Website.


5.5 Fruitfunk reserves the right to change the prices of the Products or to no longer offer them. These changed prices apply from the moment they are published on the Website. The price shown in your order confirmation applies. Fruitfunk is under no circumstances responsible for the consequences of an implemented price change or the non-availability or limited offering of a Product.


5.6 For the purpose of making a payment to Fruitfunk, you hereby agree that Fruitfunk will receive and share the details of such transaction(s) with third parties who make this payment or other third parties who are otherwise necessary to enable a payment transaction to make.


5.7 Discount codes are not valid in combination with other discount promotions, discount codes, discount packages or seasonal products. Discounts and discount codes cannot be exchanged for money. Discount codes and discounts cannot be used retroactively on orders placed. A maximum of one discount code can be used per order.

6 Use of the Website and the Fruitfunk Online Store
6.1 You are only entitled to use the Website for lawful purposes, which includes gathering information about Fruitfunk and the Products and ordering them as a consumer.

7 Intellectual property rights
7.1 Fruitfunk or Fruitfunk's licensor reserves all intellectual property rights relating to the Website and Products, including but not limited to portrait rights and copyrights, trademark rights, trade names, database rights and know-how. Fruitfunk reserves the right to further exploit, improve, test, delete and change the Website and its Products.


7.2 Fruitfunk is under no circumstances responsible or liable for any infringement of intellectual property rights that (the producers of) the Products or the (content of the) Website may make or cause.


7.3 You are not entitled to remove any feature or sign of intellectual property from the Website or the Products or to reproduce, duplicate or copy (parts of) the Website.

8Privacy
8.1 Fruitfunk respects the privacy of visitors to its Website and will at all times strive to comply with the Personal Data Protection Act and further or replacement applicable privacy laws and regulations. The personal data we collect via the Websites will be processed carefully and adequately as described in the Privacy Policy and our Cookie Statement.

9 Liability
9.1 The Website and the Fruitfunk Webshop are offered "as is". Fruitfunk does not guarantee under any circumstances the accuracy and completeness of the Website or the Fruitfunk Webshop, the information stated therein or that they are free of viruses or defects.

9.2 Any liability for damage, including indirect, direct, intangible and consequential damage, resulting from the use of the Website or the Fruitfunk Webshop, ordering and using Products or in any other way whatsoever, is excluded to the legal maximum, unless the damage caused is the result of intent or deliberate recklessness on the part of Fruitfunk. Fruitfunk's total liability is limited under all circumstances and to the extent permitted by law to compensation for direct damage and to the amount of the invoice value of the Products actually delivered to you.


9.3 Fruitfunk will under no circumstances and to the fullest extent permitted by law be liable to you or any other person for any loss or damage arising from unauthorized use of the Website or the Fruitfunk Webshop or the unauthorized use of any information contained therein.


9.4 Fruitfunk makes every effort to ensure a fully functioning Website and Fruitfunk Webshop. However, Fruitfunk cannot guarantee that the Website and the Fruitfunk Webshop will remain free from delays, disruptions or errors. Fruitfunk makes reasonable efforts to ensure the correctness of the information on the Website and the Fruitfunk Webshop, but cannot give any guarantees regarding the completeness and correctness of this information. Fruitfunk takes measures to protect the personal data processed through the Website and the Fruitfunk Webshop, but in the event that unauthorized third parties break into Fruitfunk's systems, Fruitfunk does not accept any liability in addition to the legal liability for the use of this personal data.


9.5 The Website and the Fruitfunk Webshop contain (hyper)links and references to files, websites and locations of third parties. Fruitfunk has not checked the contents of these files, websites and locations and cannot guarantee their reliability. A reference to a third party cannot be interpreted as a recommendation, whether explicit or implicit, for this third party or the information or products mentioned. Fruitfunk does not guarantee access to files, websites and locations of third parties under any circumstances and accepts no liability for damage resulting from the use of these files, websites and locations. The mere fact that a (hyper)link or reference to a third party is included does not mean that this party is supported by Fruitfunk.

10 Applicable law and disputes
10.1 These GTC, all agreements and legal relationships between you and Fruitfunk, such as but not limited to the agreement with regard to Products ordered by you, are exclusively governed by Dutch law, with the exclusion of the Vienna Sales Convention


10.2 The Dutch court of East Brabant, location 's-Hertogenbosch, has exclusive jurisdiction to hear all disputes arising from (the applicability of) these GTC, the (sale) purchase of Products, the use of the Websites and any other dispute that may arise between you and Fruitfunk, without prejudice to your right to choose the competent court according to the law within one month after Fruitfunk has invoked this article in writing.

11 Other
11.1 If you have any questions, require more information or wish to file a complaint, please contact Fruitfunk using the information indicated in Article 1.


11.2 If you wish to use alternative dispute resolution to resolve a (possible) dispute with Fruitfunk, you can contact Fruitfunk. For more information about online dispute resolution, please click on the European Commission's ODR platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=NL .