Introduction

Below you will find our Terms and Conditions. These always apply when you use or place an order through our ORDER WEBSITE and contain important information for you as a buyer. Therefore, please read the Terms and Conditions carefully. We further recommend that you save or print these terms and conditions so that you can read them again at a later time.
 

Article 1 - Identity of the entrepreneur

Cafetaria & broodjesbar Plein5

PLEIN5
Dorpsplein5
6099 AS Beegden
+31 6 25 05 51 62
Chamber of Commerce: 91485487
VAT: NL865668140B01
plein5bestelsite@hotmail.com


Article 2 - Applicability

1. These general conditions apply to all our services provided through the website www.plein5broodjesbar.nl.
2. Deviation from the provisions of these general terms and conditions is only possible if agreed in writing.
3. By ordering from Plein5, you agree to our general terms and conditions.
4. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
5. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
6. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
7. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and in case of conflicting general terms and conditions the consumer can always rely on the applicable provision that is most favorable to him.
8. If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain intact and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
9. Situations not provided for in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
10. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted “in the spirit” of these general conditions.


Article 3 - Conclusion of agreement

1. The buyer is bound by his order, in whatever form given to us.
2. Plein5 reserves the right to refuse orders without giving reasons or to cancel them if necessary during calamities. Possible payments will then be settled or settled at a later date.


Article 4 - Delivery periods

1. The delivery time indicated by us is a guideline in which we keep a margin of 10 minutes.
2. If, for any reason whatsoever, the agreed delivery period is exceeded by PLEIN5, PLEIN5 will notify you in writing (by telephone or e-mail) or by telephone.
3. Buyer must be present at the designated location at the times of order transfer.
4. If the buyer is not present, Plein5 will leave the order unchecked at the designated location and this is the responsibility of the buyer.


Article 5 - Liability.

1. Plein5 is never liable for any damage whatsoever suffered by the client, participants in the meeting, course or meeting and/or third parties, unless it can be demonstrated that the damage is the result of gross negligence or intent on the part of Plein5 or one of its employees.
2. The risk during transport of the product ordered by you is for PLEIN5. At the time of delivery of the product, the risk of the product passes to you, subject to the liabilities that cannot be excluded by PLEIN5 by law.

Article 6 - Right of withdrawal

1. All deliveries and orders of our products are outside the right of withdrawal, so returning them is not possible.
2. Also, vouchers and / or gift certificates can not be returned and not redeemed for cash.


Article 7 - Returns

After receiving the order confirmation return or cancellation is not possible, because it concerns freshly prepared food. Fresh products fall outside the right of withdrawal.


Article 8 - Complaints

1. All complaints regarding the delivery, quality, quality of the product or any other complaint will be taken seriously by PLEIN5.
2. You must make your complaint directly to PLEIN5 (details provided in article 1 of these terms and conditions). Complaints may also be excluded from handling if they have already been expressed via any form of Social Media without first having been discussed with Plein5.
3. This includes negative google reviews, whether or not written by third parties, without first having been in contact with Plein5 about your complaint.
4. All complaints from the buyer, related to delivery, quality, capacity of the product or any other complaint, as well as complaints related to purchased products, must be made known by the buyer on the same day of delivery or delivery, but preferably no later than 24 hours after purchase.
5. Any right of claim of the buyer towards us, relating to defects in the products delivered by us, expires if:
- The defects have not been brought to our attention within the periods set forth in paragraph 4 above.
- The purchaser does not/not adequately provide us with evidence to investigate the merits of the complaints.
- The buyer has already expressed his dissatisfaction and complaint through a Social Media channel.


Article 9 - Payment

1. Payment must be made in Euro, without any deduction or discount before your order is processed.
2. In case of non or non-timely payment, your order will not be processed.
 

Article 10 - Force majeure

1. Force majeure is defined as any circumstance beyond our control, which is of such a nature that compliance with the agreement cannot reasonably be required of us.
2. Force majeure also includes hostilities of any kind, blockade, weather conditions, boycott, disturbances in our company that prevent us from fulfilling our obligations properly or on time.
 

Article 11 - Applicable law and dispute resolution

1. Dutch law applies exclusively to all agreements entered into by us. Even if the consumer resides abroad.
2. All disputes of any nature whatsoever, related to/resulting from agreements entered into by us and deliveries made by us, will be settled by the competent court in the Netherlands. 3. The Vienna Sales Convention is not applicable.


Final Provisions

1. The Agreement is governed by Dutch law.
2. Insofar as rules of mandatory law do not dictate otherwise, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Plein5 has its registered office.
3. If any provision in these General Terms and Conditions turns out to be invalid, this will not affect the validity of the entire General Terms and Conditions. The parties will in that case determine (a) new provision(s) to replace it(them), in which the intention of the original provision is given shape as much as legally possible.
4. "Written" in these General Conditions also includes communication by e-mail and cell phone, provided that the identity of the sender and the integrity of the e-mail, whatsapp and or text message is sufficiently established.
5. The translations from Dutch to German and English have been done with Deepl.com and no rights can be derived from them.