Terms and conditions
Article 1 – Definitions
Article 2 – Information Westlandpeppers
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – The price
Article 9 – Compliance and extra guaranty
Article 10 – Delivery and execution
Article 11 – Payment
Article 12 – Complaints procedure
Article 13 – Disputes
Article 14 – Additional or varying provisions
Article 1 – Definitions
In these terms and conditions, the following terms will have the following purport:
1. Additional agreement: an agreement in which the consumer acquires products, digital content and/or services with respect to a distance agreement and these products are delivered by Westlandpeppers or a third party on the base of an agreement between this third party and Westlandpeppers.
2. Reflection period: the time limit within which the Consumer can make use of his right of withdrawal
3. Consumer: a natural person who makes an agreement with us: Westlandpeppers, on distance. Can be in an electronical condition.
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the consumer or Westlandpeppers to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
8. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible;
9. Right of withdrawal: the consumers option not to proceed with the distance agreement within the cooling-off period;
10. Entrepreneur/Westlandpeppers: the natural or legal person who offers products and/or services to consumers at a distance;
11. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement only one or more communication techniques are used at a distance;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
13. General Terms and Conditions: these general Terms and Conditions of the entrepreneur.
Article 2 – Information Westlandpeppers
Westlandpeppers Innovation BV.
Burgemeester Crezeelaan 44A
2678KZ De Lier
Chamber of Commerce number: 57764395
VAT number: NL852726466B01
Article 3 – Applicability
1. These general terms and conditions apply to any offer from Westlandpeppers and to any distance contract concluded by Westlandpeppers and the consumer.
2. Before going into a distance agreement, Westlandpeppers will make the text of these General terms and conditions available free of charge and as soon as possible. If this is reasonably impossible, Westlandpeppers shall indicate in what way the general terms and conditions can be inspected and that they will be sent free of charge if so requested before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these general terms and conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the consumer electronically in such a way that the consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the general terms and conditions can be viewed electronically and that they will be sent to at the consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract, on request of the consumer;
4. In the event that specific product or service condition apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and in the event of contradictory terms and conditions, the consumer may always appeal to the applicable provision that is most favourable to him/her.
5. If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation in question will be replaced without delay by a provision that the scope of the original approached as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Lack of clarity about the explanation or content of one or more provisions of our terms and conditions, should be explained ‘in the spirit’ of these general conditions.
Article 4 – The offer
1. The offer mainly consists of (fresh) nature products and has a certain shelf life, see product specification and/or FAQ page for this information.
2. The offer is without obligation. We and the consumer are entitled to change and adjust the offer until the order is processed. Offers apply as long as the stock lasts.
3. The offer contains a full and accurate description of the products offered. The description is suitably detailed to enable the consumer to assess the products adequately. We use truthful images, on which the consumer gets a realistic view of the products. Obvious mistakes or obvious errors in the offer do not bind us.
4. All images, specification and information in the offer are indications and can’t be a reason for compensation or dissolution of the agreement.
5. Images of the products are a true reflection of the products offered. We can’t give the guarantee that the displayed colours and sizes exactly match the real colours/sizes of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns:
• the price including taxes;
• the costs of shipping;
• 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 implementation of the agreement;
• the deadline for accepting the offer or the period within which we guarantee the price;
• the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;
• any other languages in which, in addition to English, the agreement can be concluded;
• the way in which the consumer chooses a specific type and/or colour of the article.
– This information can be found by the consumer at the product specifications and our FAQ page.
Article 5 – The agreement
1. The agreement with Westlandpeppers becomes valid when the consumer has placed his/her order on the website: shop.westlandpeppers.com and has received the electronic order confirmation. An agreement with Westlandpeppers can also be established by email or telephone.
2. If the consumer has accepted the offer by electronic means, we shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of having accepted the offer has not been confirmed, the consumer and we may repudiate the contract. Dissolution of the agreement is only possible via the e-mail Westlandpeppersinfo@gmail.com or by telephone.
3. We take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the consumer pays electronically, we shall observe appropriate security measures.
4. The consumer can read / find the following information in the product specification, general terms and conditions or on the FAQ page:
a. our visiting address where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal, see article 6;
c. the information about guarantees and existing after-sales service, see Article 9;
d. the information included in article 4 paragraph 3 of these conditions, unless we have already provided this information to the consumer before the execution of the agreement;
5. Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
6. Westlandpeppers keeps the right to refuse orders or to come to a different solution when;
a. products on the site are obviously wrongly priced as a result of typing errors and the like, see article 8 paragraph 3.
b. ordered products are temporarily or permanently no longer available.
c. the stock of products with a special offer is no longer available.
d. specified contact and delivery details, such as telephone numbers, or e-mail address or delivery address, do not turn out to be correct.
7. If we do not accept the agreement or want to offer another solution, the consumer will receive a response within 48 hours (with the exception of weekend orders), see article 10, paragraph 8.
8. The administration of Westlandpeppers shall serve as proof of the orders given by the customer to Westlandpeppers, payments made and deliveries made. Westland Peppers acknowledges that electronic communication serves as proof. By accepting these conditions, the consumer also accepts this.
Article 6 – Right of withdrawal
1. All products, except accessories written in paragraph 2, cannot be returned. Given the nature of the products, it is not possible because of food safety and hygiene to return the products. This is because the products are (fresh) vegetables/food. If the consumer is not satisfied with the received products or has received the wrong products, see paragraph 3 for further actions. Westlandpeppers exclude the return of products because the products:
a. cannot be returned due to their nature;
b. quickly spoil/rot or age and will lose the quality;
2. Products that can be returned are the products that are listed in the webshop under the heading accessories. These products can be returned if the products have not been used, related to the hygiene of the products.
3. If the consumer is not satisfied with the received products or has received the wrong products, this must be proven by the consumer with a good photo of the damaged or wrong products. If this is the case, we will replace all or part of the products in question by means of a new free shipment or a full or partial credit.
4. If the consumer wishes to make use of the right mentioned in paragraph 3, the customer must notify Westlandpeppers by e-mail Westlandpeppersinfo@gmail.com within 1 working day after receiving the order. After the consumer has made it clear that he wishes to make use of paragraph 3, the consumer must send a clear photo as mentioned in paragraph 3. The product cannot be returned, given the nature of the (fresh) products (food). It is not food safe to return the products.
5. If the customer has not made it known that he wishes to make use of his right of withdrawal after the expiry of the terms mentioned in paragraphs 3 and 4, the purchase is a fact.
6. We reserve the right to refuse reimbursement of damaged products on the basis of the photos or returned products, this will only be the case when the product is damaged by the consumer.
7. The consumer has to throw away the damaged products him- or herself.
Article 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs for returning the goods are for his account.
2. If the consumer gets a part or the entire amount back, we will refund this amount as soon as possible but no later than 14 days after cancellation. However, this is subject to the condition that this has been agreed in consultation, after receiving the photos mentioned in article 6 paragraph 3. Reimbursement will be made via the same payment account/method used by the consumer unless the consumer expressly authorizes another payment account/method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
4. The consumer cannot be held responsible for the value reduction of the product if we do not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.
Article 8 – The price
1. All prices are unless otherwise agreed, based on payment in Euros. The prices mentioned in the product specifications do not include the delivery/processing costs. Delivery/processing costs will be charged for the delivery of your order. These delivery/processing costs are described per country on the FAQ page.
2. All prices are including VAT.
3. All prices are subject to typing and typing errors. No liability is accepted for the consequences of typing and mistakes. In case of typing and typing mistakes, we are not obliged to deliver the product at the wrong price.
Article 9 – Conformity and Warranty
1. We guarantee that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. A warranty period of 2 years applies to the accessories. There is no warranty on all other products, fresh & dried, because this is food.
3. Any defects or wrongly delivered products must be reported to us within 1 day of delivery by e-mail Westlandpeppersinfo@gmail.com. Return of the products must be in the original packaging and in new condition, see article 6 for which products have the possibility to be returned.
4. The warranty period corresponds to the manufacturer’s warranty period. However, we are never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:
• The consumer has repaired and/or processed the delivered products himself or has them repaired and/or processed by third parties;
• The delivered products are exposed to abnormal conditions or otherwise carelessly handled or in violation of the instructions given by us or on the packaging;
• The inadequacy wholly or partially is the result of regulations that the government has or will make regarding the nature or the quality of the materials used.
Article 10 – Delivery and accomplishment of delivery
1. Westland Peppers will take the greatest possible care when receiving and executing the order. Special requests must be stated by the consumer in the order screen under “Other information”. Here the consumer can fill in the information and/or comments with the order.
2. The place of delivery is the address that the consumer has made known to the company when filling in the details. The consumer is responsible for the accuracy and completeness of his contract and delivery details.
3. Westland Peppers offers the order after completion to the DHL parcel service. The consumer receives a message from DHL with a track code so that the delivery can be followed. The consumer can also request a track code via us. DHL is responsible for the delivery of the orders. We are therefore not liable for a late delivery, if problems can contact the consumer, we can look for a solution.
4. Westlandpeppers is not responsible for e-mail settings of the consumer that e-mails from DHL and Westlandpeppers as spam.
5. With due observance of the provisions in paragraph 6 of this article, Westland Peppers will execute accepted orders expeditiously but no later than 14 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notice of this no later than 7 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
6. All delivery dates are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
7. In case of dissolution in accordance with paragraph 5 of this article, Westlandpeppers will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
8. If Westlandpeppers can’t deliver part of an order, for example, because the product has not yet been harvested or delivered, we will contact the consumer. In that case, the consumer has the choice to cancel the order or to receive a delivery without the products concerned. The consumer can also choose to receive it later in a second shipment for free. In case of cancellation of the order, Westlandpeppers will reimburse the invoice value to the consumer within a week. This always takes place in consultation and only in approval with the consumer.
9. The risk of damage and/or loss of products rests with Westlandpeppers until the moment of delivery to the consumer or a pre-designated representative to Westlandpeppers, unless expressly agreed otherwise.
Article 11 – Payment
1. Payment must be done immediately after completion of the order on the webshop. Payment methods are: I-Deal, PayPal, Sofort, Mister Cash or bank transfer. Processing of the order starts after receipt of the payment. We do not send orders without payment.
2. If chosen for payment via bank transfer, directly transfer the relevant amount to our bank account. Please use the order number as the payment reference. For this payment option, we charge € 2.95 in administration costs. The order will only be processed once we have received the payment.
3. The consumer has the duty to report inaccuracies in the payment details provided or stated immediately to us.
4. In the event of default by the consumer, Westlandpeppers shall, subject to legal restrictions, be entitled to charge the reasonable costs made known to the consumer beforehand.
Article 12 – Complaints regulation
1. Complaints about the execution of the agreement must be submitted fully and clearly described within 7 days to us via Westlandpeppersinfo@gmail.com, after the consumer has found the defects.
2. The submitted complaints will be answered within a period of 3 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Westlandpeppers will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
3. If the complaint can’t be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
4. A complaint does not suspend the obligations of Westlandpeppers, unless Westland Peppers states otherwise in writing.
5. If a complaint is found to be well-founded by Westlandpeppers, we will replace the delivered products free of charge or credit the amount in question.
Article 13 – Disputes
1. Exclusively Dutch law applies to agreements between Westlandpeppers and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
3. When a dispute with the consumer occurs, Westlandpeppers will endeavour to solve this in mutual consultation in reasonableness and fairness.
Article 14 – Additional or different provisions
– Westlandpeppers can under no circumstances be held liable for consequences that may or have arisen directly or indirectly as a result of the publication of the information displayed on the website and any affiliated websites, as well as for damage that is or threatens to be caused and results from or in any respect. relates to the use of the (publications on this) web page or the inability to consult the web page. Misunderstandings, delays or inadequate delivery of orders and announcements as a result of the use of the internet or any other means of communication between the consumer and Westlandpeppers can’t be held liable for Westlandpeppers.
– This provision does not apply if it is demonstrable that this was intended or is the obvious negligence of Westlandpeppers.
– The information on the site is regularly updated and/or adapted. Westlandpeppers reserves the right to make any changes with immediate effect and without any notification. Westlandpeppers also reserves the right to change the general terms and conditions and the privacy statement.
– For the product reviews that consumers have written, this is a personal opinion of the writer in question, and Westland Peppers is not automatically aware of the content of these messages and therefore is not responsible for their content. Westland Peppers reserves the right to remove texts that are irrelevant, offensive and/or discriminating from the website.
– Although Westland Peppers makes every effort to prevent misuse, Westlandpeppers is not liable for information/reviews and/or messages posted by users on the website.
– The information displayed on the website is collected to our best knowledge, honour and conscience but may contain inaccuracies or be presented incorrectly. If there are demonstrable differences between the information on the website and the experience of the consumer, we would appreciate it, even though no information can be derived from the information on the website, if you would like to report it to us.
– No rights can be derived from incorrect prices and images. It is possible that an image does not belong to a product or that a different, either old or new packaging is shown for a product. Westlandpeppers are also not liable for this.
– Westlandpeppers is in no way liable for medical problems that may result from the use of products in combination with medicines or allergies. The consumer must be alert to product information that is important for his / her health. Some of the peppers/sauces sold by Westlandpeppers are extremely hot and must be carefully processed/eaten.
External (hyper) links
– Any (hyper) links in especially the weblog (westlandpeppers.blogspot.nl) and other sites / social media such as the Facebook page can lead to websites outside the domain of Westland Peppers. These are not owned by Westlandpeppers, but are only included for (additional) information for the visitor. If these links are activated, they leave the website/blog/social media of Westlandpeppers. We select the websites referred to as carefully as possible. However, we can’t guarantee the content and functioning of third party websites. It follows that any liability for the content of websites that are not maintained by Westlandpeppers is rejected.
About the data processing
Below you can read how we process your data, where we save it, what security techniques we use and who can see the data.
Our webshop is developed with software from WooCommerce, RB Creations does our web hosting. Personal data that you make available to us for the benefit of our services will be shared with this party. RB Creations has access to your data to provide us (technical) support, they will never use your data for any other purpose. RB Creations is obliged to take appropriate security measures on the basis of the agreement we have with them. These security measures include the application of SSL encryption and a strong password policy. Backups are regularly made to prevent data loss.
Our webshop is developed with software from WooCommerce, we host our webshop on a server managed by RB Creations. We have taken appropriate technical and organizational measures to prevent abuse, loss and corruption of data as much as possible. These security measures include the application of SSL encryption and a strong password policy. Backups are regularly made to prevent data loss.
RB Creations is accountable for our web hosting and e-mail services. RB Creations processes personal data on our behalf and does not use your data for its own purposes. However, this party can collect metadata about the use of the services. These are not personal data. RB Creations has taken appropriate technical and organizational measures to prevent loss and unauthorized use of your personal data. RB Creations has a confidentiality obligation based on an agreement.
E-mail and mailing lists
We use the services of Gmail for our regular business e-mail traffic. This party has taken appropriate technical and organizational measures to prevent misuse, loss and corruption of your and our data as much as possible. Gmail does not have access to our mailbox and we treat all our e-mail traffic confidentially.
We use the services of SurveyMonkey for sending out surveys. SurveyMonkey will never use your name and email address for its own purposes. This party has taken appropriate technical and organizational measures to prevent misuse, loss and corruption of your and our data as much as possible. The results of the survey are processed anonymously and we do not see who filled in which survey. This means that all information (names, e-mail addresses, IP addresses and custom data of the respondents) are excluded in the survey results.
We use the Mollie platform to handle a (part of) the payments in our webshop. Mollie processes your name, address and residence details and your payment details such as your bank account or credit card number. Mollie has taken appropriate technical and organizational measures to protect your personal data. Mollie reserves the right to use your data to further improve the service and to share (anonymised) data with third parties. All the above-mentioned safeguards with regard to the protection of your personal data also apply to the parts of Mollie’s services for which they engage with third parties. Mollie does not store your data for longer than is permitted by the legal terms.
Shipping and logistics
If you place an order with us, it is our job to have your package delivered to you. We use the services of DHL to carry out the deliveries. It is, therefore, necessary that we share your name, address and residence details with DHL. DHL only uses this information for the purpose of executing the agreement. In the event that DHL engages subcontractors, DHL also makes your details available to these parties.
Invoicing and accounting
We use the services of Exact Software to keep track of our administration and accounting. We share your name, address and residence details and details regarding your order. This data is used for managing sales invoices. Your personal data is sent and stored protected. Exact Software is obliged to observe secrecy and will treat your data confidentially. Exact Software does not use your personal data for purposes other than those described above.
Purpose of data processing
General purpose of the processing
We only use your data to improve our services. This means that the purpose of the processing is always directly related to the assignment you provide. We do not use your data for (targeted) marketing. If you share information with us and we use this information to contact you at a later date – other than at your request – we will ask you explicitly for this. Your information will not be shared with third parties, other than to comply with accounting and other administrative obligations. These third parties all have confidentiality obligations based on an agreement between them and us or an oath or legal obligation.
Automatically collected data
Data that is automatically collected by our website is processed with the aim of further improvement of our services. These data (e.g. your IP address, web browser and operating system) are not personal data.
Participation in tax and criminal investigation
In some cases, Westlandpeppers may be obliged to share your information in connection with government tax or criminal investigations, this is based on legal obligations. In such a case, we are forced to share your data, but we will oppose this within the possibilities that the law offers us.
We keep your information as long as you are our client/customer. This means that we keep your customer profile until you indicate that you no longer want to use our services. If you indicate this to us, we will also consider this as a forget request. On the basis of applicable administrative obligations, we must keep invoices with your (personal) data, so we will keep this data for as long as the applicable term runs. However, employees no longer have access to your client profile and documents that we have produced in connection with your assignment.
On the basis of the applicable Dutch and European legislation, you as a data subject have certain rights with regard to the personal data that are processed by or on behalf of us. We explain below which rights these are and how you can invoke these rights. In principle, in order to prevent abuse, we will send transcripts and copies of your data only to your already known e-mail address. In the event that you wish to receive the data at another e-mail address or for example by post, we will ask you to identify yourself. We keep records of completed requests, in the case of a forget request we administer anonymous data. You will receive all transcripts and copies of data in the machine-readable data format that we use within our systems. You have the right to file a complaint with the Dutch Data Protection Authority at any time if you suspect that we are using your personal data in the wrong way.
Right of inspection
You always have the right to inspect the data that we process or have processed that are related to you or that can be traced back to you. You can make a request to that effect by sending an e-mail to Westlandpeppersinfo@gmail.com. You will receive a response to your request within 30 days. If your request is granted, we will send you a copy of all data with an overview of the processors who have this data, with the e-mail address known to us, stating the category under which we have stored this data.
You always have the right to change the data that we process or have processed that relates to you. You can make a request to that effect by sending an e-mail to Westlandpeppersinfo@gmail.com. You will receive a response to your request within 30 days. If your request is granted, we will send you a confirmation that the details have been changed. We will send this confirmation to the e-mail address known to us.
Right to restriction of processing
You always have the right to limit the data that we process or are related to you or that can be traced back to you. You can make a request to that by sending an e-mail to Westlandpeppersinfo@gmail.com. You will receive a response to your request within 30 days. If your request is granted, we will send you a confirmation to the e-mail address known to us that the data, until you cancel the restriction, will no longer be processed.
Right of transferability
You always have the right to have the data that we process or have processed and that is related to you or that can be traced back to you, performed by another party. You can submit a request to that effect to our privacy contact person. You will receive a response to your request within 30 days. If your request is granted, we will send you copies of all information about you that we have processed or that have been processed by us by other processors or third parties on the e-mail address known to us. In all probability, we will no longer be able to continue the service in such a case, because the secure linking of data files can then no longer be guaranteed.
Right of objection and other rights
In some cases, you have the right to object to the processing of your personal data by or on behalf of Westlandpeppers. If you object, we will immediately stop the data processing while waiting on the settlement of your objection. If your objection is well-founded, we will make copies of the data that we process or have made available to you and then permanently discontinue the processing. You also have the right not to be subject to automated individual decision making or profiling. We do not process your data in such a way that this right applies. If you have the opinion that this is the case, please contact us by emailing Westlandpeppersinfo@gmail.com.
We use social media functionality to easily share pages. Functionality of Facebook, Twitter and Pinterest are used for this. Westlandpeppers does not have any influence on the cookies they place.
Through our website, cookies are placed from the American company Google as part of the “Analytics” service. We use this service to track and get reports on how visitors use the website. This processor may be obliged to provide access to these data on the basis of applicable laws and regulations. We collect information about your browsing habits and share this information with Google. Google can interpret this information in conjunction with other datasets and thus track your movements on the internet. Google uses this information to provide, among other things, targeted advertisements (AdWords) and other Google services and products.
Cookies from third parties
Burgemeester Crezeelaan 44a
2678KZ De Lier