Terms and Conditions FIRST
Article 1 – General conditions – Definitions
In these general terms and conditions, the following terms shall have the following meanings:
- 1. Reflection period: the period within which the consumer can exercise his right of withdrawal from the agreement;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into an arms length contract with FIRST;
- Day: calendar day;
- The right of withdrawal: the possibility for the consumer to withdraw from the arms length contract within the cooling-off period;
- FIRST: the legal entity that offers products and/or services to consumers remotely;
- Distance contract: a contract whereby, within the framework of a system organised by FIRST for the remote sale of products, up to and including the conclusion of the contract, exclusive use is made of one or more means of remote communication;
Technique for remote communication: means that can be used to conclude a contract without the consumer and FIRST being in the same room at the same time;
Article 2 - General conditions - FIRST data
FIRST ENERGY B.V.
Adres: Den ilp 33D 1127PC
Den ilp; The Netherlands
E-mail address: info@Firstenergygum.com
CoC number: 67400574;
VAT identification number: NL856969308B01
Article 3 - General terms and conditions - Applicability
- These general terms and conditions apply to every offer of FIRST and to every arms length contract and orders made between FIRST and the consumer.
- Before the arms length contract is concluded, the text of these terms and conditions to the consumer made available. If this is not reasonably possible, before the arms length contract is concluded, it will be indicated that the FIRST general conditions can be sent to the consumer at their request.
- If the arms length contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph and before the arms length contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it.
- If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these general terms and conditions shall otherwise remain in force and the provision concerned shall immediately be replaced by a provision in mutual consultation that approximates to purport to the original as much as possible.
- Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
- Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.
Article 4 - General terms and conditions - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. FIRST is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products offered. The description shall be sufficiently detailed to allow a proper assessment of the offer by the consumer. If FIRST uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind FIRST.
- All images, specifications and data in the offer are indicative and may not give rise to compensation or dissolution of the agreement.
- Images accompanying products are a true representation of the products offered. FIRST cannot guarantee that the colours displayed match exactly the real colours of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- whether the contract after the conclusion is archived, and if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, the data provided by him/her within the framework of the contract can check and if so desired restore;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which FIRST is subject and the way in which consumers can consult these codes of conduct electronically;
- the minimum duration of the arms length contract in the event of a long-term transaction.
Article 5 - General terms and conditions - The contract
- The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer (of the offer) and compliance with the conditions thereby set.
- If the consumer has accepted the offer electronically, FIRST shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by FIRST, the consumer can dissolve the contract.
- If the agreement and payment are concluded electronically, FIRST shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment.
- FIRST can - within legal frameworks - find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If FIRST, based on this investigation, has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution of the order.
- FIRST will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible way:
- the address of the FIRST branch where consumers can lodge complaints;
- the conditions under which, and the way in which, the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on warranties and existing after-sales service;
- the information set out in Article 4(3) of these conditions unless FIRST has already provided this information to the consumer prior to the performance of the contract;
- the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
- Each agreement is entered into under the conditions of sufficient availability of the products concerned.
Article 6 - General terms and conditions - Right of withdrawal
- Due to the nature of the products of FIRST (food), the consumer does not have the option to terminate the contract once concluded. FIRST guarantees the quality of its products. When returning FIRST products, this quality can no longer be guaranteed. For this reason FIRST cannot honour the right of revocation.
Article 7 - General terms and conditions - The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- FIRST is at all times entitled to change its prices on the website.
- Price increases within the first 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- The prices mentioned in the product range include VAT.
Article 8 - General terms and conditions - Conformity and guarantee
- FIRST guarantees that the products meet the terms of the agreement, the specifications mentioned in the offer, the basic requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
- A guarantee provided by the FIRST manufacturer or importer does not affect the legal rights and claims that the consumer can claim against FIRST under the contract.
- Any defects or incorrectly delivered products must be reported to FIRST in writing within 4 weeks after delivery. The products must be returned in the condition in which they were delivered.
- The warranty does not apply if:
- The consumer has processed the delivered products himself or has had them processed by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or in conflict with the instructions as provided by FIRST on the packaging.
Article 9 - General terms and conditions - Delivery and execution
- FIRST will take the greatest possible care in receiving and executing product orders.
- The place of delivery is the delivery address that the consumer has provided to FIRST.
- Subject to what is stated in paragraph 4 of this article, FIRST will execute accepted orders as quickly as possible, but within 3 working days at the latest, unless the consumer has agreed to longer delivery time. If the order cannot or can only partially be carried out, the consumer must be notified of this at least 1 day prior to delivery. In that case, the consumer has the right to a similar replacement product (see point 6 below) or to terminate the contract without penalty. In this case, the consumer has no right to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any of the terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
- In case of dissolution in accordance with paragraph 3 of this article, FIRST will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
- If the delivery of an ordered product proves to be impossible, FIRST will make every effort to provide a replacement product. At the latest point, which can be at the time of delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by FIRST.
- The risk of damage and/or loss of products rests with FIRST until the moment of delivery to the consumer, or to a customer representative appointed in advance and notified to FIRST, unless explicitly agreed otherwise.
- After ordering, the consumer receives a confirmation with a 'track & trace' link that allows the consumer to consult the status of the delivery in real time.
- FIRST uses the letterbox for post and parcels, depending on what the consumer has ordered. Most orders can usually be delivered by letterbox.
- Packages will not be left unattended, e.g. in barns or gardens. This is contrary to the guidelines of the Dutch Food and Consumer Product Safety Authority (NVWA).
- If the delivery of a package cannot take place, the delivery service will deliver the package to the neighbours or take it back and deliver it at another suitable time.
Article 10 - General terms and conditions - Duration transactions; duration, termination and extension
- The consumer may terminate an open-ended contract, which extends to the periodic purchase of products, at any time.
- If the termination of the agreement for an indefinite period takes place after 12.00 noon on the day before delivery, the delivery and associated (collection) payment must take place for the last time.[not sure what is meant here]
- The consumer can terminate a fixed-term contract, which extends to the periodic purchase of products, at any time with due observance of the agreed contract duration. The consumer may pause the periodic delivery for 8 weeks a year. If the consumer does not reduce the agreed quantity per year or wants to cancel the annual subscription prematurely, FIRST will, in consultation and per individual case, offer a suitable solution.
Article 11 - General terms and conditions - Payment
- As a rule, the consumer must pay at the conclusion of the arms length contract using iDeal or another payment method indicated on the website of FIRST.
- If for any reason whatsoever, the consumer has not paid directly at the point of conclusion of the arms length, the amounts due by the consumer must be paid before the products are delivered.
- The consumer has the obligation to immediately report any inaccuracies in the payment details provided to FIRST.
- In case of non-payment by the consumer, FIRST has the right, subject to legal restrictions, to charge the consumer reasonable costs in advance. This includes, in any case, the extrajudicial collection costs and the statutory interest on the amount due.
Article 12 - General terms and conditions - Intellectual property rights
- All intellectual property rights relating to this website, including but not limited to logos, software, texts, images and sounds, are the property of FIRST or its affiliated companies and/or those from whom it has obtained a licence.
- This means, among other things, that it is not permitted to publish, reproduce and/or edit the information on the websites without prior express permission, except for personal use.
Article 13 - General terms and conditions - Complaints procedure
- Immediately after delivery, the consumer must check whether the number and type of products delivered correspond to his or her order. If this is not the case, the consumer must inform FIRST immediately. FIRST will also then ensure that products that have not been delivered are sent as soon as possible.
- FIRST registers all complaints and aims to deal with them all adequately. FIRST is committed to providing consumers with a good solution and, if necessary, to compensate them.
- Complaints about the implementation of the agreement must be fully and clearly described and submitted to FIRST after the consumer has discovered the defects.
- A complaint submitted to FIRST shall be resolved within two working days. If a complaint requires foreseeably longer processing time, FIRST will respond within the 1 working day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
- In case of complaint, a consumer should, in the first instance, contact FIRST. For complaints that cannot be resolved in mutual consultation, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), who will mediate free of charge. Should a solution still not be found, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision is binding and both FIRST and the consumer agree to this binding decision. The submission of a dispute to this Disputes Committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to lodge complaints via the European ODR platform(http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of FIRST unless FIRST indicates otherwise in writing.
- If a complaint is found to be well-founded by FIRST, FIRST will, at its option, replace or take back the delivered products free of charge.
Article 14 - General conditions - Other
- Dutch law applies exclusively to these general conditions and to all agreements between FIRST and the consumer. This is also the case if the consumer lives outside of The Netherlands.