Article 1 | Definitions
In this conditions shall apply:
Article 2 | Identity of the Entrepreneur
Hollandia Bakery - Bakery Bakery
1# Diamond Street
Banaba San Mateo, Rizal
Tel: (02) 696 2187 (Mon - Fri 08:00 AM to 06:00 PM)
Article 3 | Applicability
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance and contracts between businesses and consumers.2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded at a distance, indicate that the general conditions for inspection at the trader's premises and will be sent free of charge as soon as possible, at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically be made available to the consumer in such a way that by the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, will indicate where to be aware of the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. 4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer can always, in case of conflicting terms rely on the applicable provision for him is most favorable. 5. If one or more provisions of these terms at any time wholly or partially invalid or destroyed, it remains the agreement and these conditions will remain intact and the relevant provision in concert will be immediately replaced by a provision that the scope of approached the original as possible. 6. Situations that are not governed by these terms and conditions should be assessed 'in the spirit' of these terms and conditions. 7. Uncertainties regarding the interpretation or content of one or more provisions of these conditions should be interpreted "in the spirit of these terms and conditions.
Article 4 | The offer
1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer are not binding.
3. All drawings, specifications data in the offer are indicative and may not lead to damages or rescission of the contract.
4. Images on products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
5. Each offer contains such information that is clear to the consumer what rights and obligations which are attached to accepting the offer. This concerns in particular:
Article 5 | The Contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can - within the law - inform or the consumer can meet its payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If the operator under this investigation was justified in not concluding the contract, he is entitled to refuse or to attach special conditions to the execution of an order or request.
5. The entrepreneur will the product or service to the consumer the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium to send:
6. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered under the suspensive conditions of sufficient availability of the products.
Article 6 | Right of withdrawal
1. When purchasing products, the consumer can cancel the contract without giving any reason within 7 days. This period commences on the date of receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative. This does not include stroopwafel and other pastries, the limited shelf life of these products, are excluded from the right of withdrawal.
2. During this period the consumer will treat the product and packaging with care. He will only unpack or use the product as needed to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, according to the trader provided reasonable and clear instructions.
3. If the consumer wishes to exercise his right of withdrawal, he is required to inform the entrepreneur within 7 days after receiving the product. The consumer can express themselves by using the ‘Contact Us’ page on the website www.bakerybakery.asia. After the consumer has expressed its wish to exercise his right of withdrawal, the consumer must return the product within 7 days in good condition. The consumer must prove that the goods are returned on time, for example by means of a proof of shipment.
4. If the consumer, after the mentioned validity period in paragraph 2 and 3, has not expressed its wish to exercise his right of withdrawal, respectively, the purchase is a fact.
Article 7 | Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, he will shoulder the expenses for the cost of the shipping.
2. If the consumer has paid the product, the entrepreneur must give the money back for the refund no later than 14 days after cancellation. This is the condition that the product has been received back by the entrepreneur or conclusive evidence that the product has been completely returned.
Article 8 | Exclusion of right of withdrawal
1. The entrepreneur may exclude the right of withdrawal of the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated to the consumer that there will be a definite agreement after signing the offer.
2. Exclusion of the right of withdrawal is only possible for products:
Article 9 | The price
1. During the period mentioned, the prices of the products and / or services will not increase, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed and:
5. The supply of products or services mentioned prices include VAT.
6. All prices are subject to pressure - errors. For the effects of pressure - and typographical no liability is accepted. At pressure - errors the company is not obliged to deliver the product according to the incorrect price.
Article 10 | Compliance and Warranty
1. The entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing laws on the date of the conclusion of the agreement provisions and / or government regulations.
2. By the entrepreneur, manufacturer or importer the guarantee does not affect the legal rights and claims that the consumer may invoke under the contract against the entrepreneur.
3. Any defects or faulty goods must be notified in writing within 3 days of delivery to the entrepreneur. Return of goods must be in original packaging and in new condition.
4. The guarantee of the entrepreneur is consistent with the manufacturer's warranty period. The entrepreneur, however, is never responsible for the ultimate suitability of the products for each individual application by the entrepreneur, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
Article 11 | Delivery and Implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the entrepreneur.
3. Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will implement accepted orders expeditiously within 30 days unless consumer has agreed to a longer delivery. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them within 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the consumer must be paid by the entrepreneur as soon as possible and no later than 14 days.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement product. By the delivery, the consumer will be notified that a replacement item is delivered in a clear and comprehensible manner. For replacement items, right of withdrawal cannot be excluded. The cost of the return shipment will be paid by the entrepreneur.
6. The risk of damage and / or loss of products rest with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 12 | Payment
1. The amounts owed by the consumer must be paid in advance. Upon receipt of the payment order will be sent.
2. The consumer has the duty to report any inaccuracies in data supplied or specified payment immediately to the entrepreneur.
3. In the event of default by the consumer, the entrepreneur subject to statutory limitations, the right to advance to the consumer made known to charge reasonable costs.
Article 13 | Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be submitted completely and clearly described within 7 days to the entrepreneur, after the consumer has discovered the defects.
3. If the entrepreneur received the complaint from the consumer, the entrepreneur will answer within a period of 14 days from the date of the receipt. If a complaint is a foreseeable, then it will be a longer processing time to be answered by the entrepreneur within the period of 14 days from the date of the receipt and an indication that the consumer can expect a more detailed answer.
4. If a complaint is accepted by the entrepreneur, the entrepreneur has an option to replace the product.