Article 1. Applicability
1.1 To all offers, orders and agreements of Cakeprint, these General Sales and/or Shipping Conditions (hereafter: Conditions) apply, excluding any other general terms and conditions.
1.2 Accepting an offer or placing an order implies acceptance of the applicability of these Conditions.
1.3 The provisions in these Conditions may only be deviated from in writing, in which case the other provisions remain in effect uncurtailed.
1.4 All rights and claims as stipulated in these Conditions and in any further agreements for the benefit of Cakeprint, are also stipulated for the benefit of intermediaries brought in by Cakeprint and other third parties.
Article 2. Offers/agreements
2.1 All offers by Cakeprint are noncommittal and Cakeprint emphatically retains the express right to change prices, in particular when this is required on the basis of (statutory) regulations.
2.2 An agreement will not be formed unless Cakeprint accepts your order. Cakeprint is entitled to refuse orders or attach certain conditions to delivery, unless expressly provided otherwise. If an order is not accepted, Cakeprint will communicate this (if your address or e-mail address is known to us) within ten (10) working days after receipt of the order.
Article 3. Prices and payments
3.1 The prices mentioned for the products and services offered are in Euro, exclusive of VAT and exclusive of handling/shipping costs, any taxes or other levies, unless provided otherwise or agreed in writing.
3.2 Payments must be done in advance, unless provided otherwise in writing.
3.3 If the prices of the products and services offered rise in the period between the order and its processing, you are entitled to cancel the order or dissolve the agreement within ten (10) days after announcement of the price rise by Cakeprint.
Article 4. Delivery
4.1 Delivery times specified by Cakeprint are only indicative. Our aim is four (4) days after receipt of payment. Exceedance of the delivery term does not give you the right to damages, nor the right to cancel your order or dissolve the agreement, unless exceedance of the delivery term is such that you cannot be reasonably expected to continue the agreement. In that case you have the right to cancel the order or dissolve the agreement to the extent necessary. Cakeprint is legally obliged to deliver your order within thirty (30 ) days.
4.2 The products are delivered at the place and time when the products are ready for shipment to you.
Article 5. Retention of title
5.1 Ownership of the products delivered is not transferred until you have completely fulfilled everything that you owe to Cakeprint on the basis of any agreement. Any risk concerning the products is transferred to you on the moment of delivery.
Article 6. Intellectual and industrial property rights
6.1 All intellectual and industrial property rights resting on products supplied by Cakeprint must be respected wholly and unconditionally.
6.2 Cakeprint does not guarantee that products delivered to you do not infringe upon any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You are obliged to inspect upon delivery if the products meet the agreement. If this is not the case, you must notify Cakeprint of this in writing and with motivation as soon as possible, in any case within seven (7) days after delivery, providing that it was reasonably possible to ascertain this fact. See article 6:237 of the Civil Code.
7.2 If it has been proven that the products do not meet the agreement, Cakeprint has the choice to either replace the (returned) products concerned with new ones or restitute their invoice value.
7.3 If you do not wish to purchase the product for whatever reason, you have the right to return the product to Cakeprint within seven (7) working days after delivery. Return shipments are in this case only accepted if the packaging of the product is undamaged, with the additional provision that return shipments are at your expense. After receipt of the return shipment Cakeprint will credit the invoice amount to you. You can apply for the return address by e-mail.
Article 8. Orders/communication
8.1 Cakeprint is not responsible for any misunderstandings, mutilations, delays or defective communication of orders and notifications caused by the use of the Internet or any other means of communication in the communication between you and Cakeprint, unless in case of malicious intent or gross negligence by Cakeprint.
Article 9. Force majeure
9.1 Without prejudice to its other rights, in case of force majeure Cakeprint has the right to suspend processing of your order at its own discretion or dissolve the agreement without judicial intervention, by informing you of this in writing, without Cakeprint being held to pay any damages, unless this would be unacceptable under the given circumstances according to standards of reasonableness.
9.2 Force majeure is understood to be any shortcoming that cannot be attributed to Cakeprint, as it is not attributable to its guilt and which is not regarded as its responsibility by virtue of law, legal action or generally accepted opinions.
Article 10. Diverse
10.1 If you notify Cakeprint of an address in writing, Cakeprint has the right to send all orders to this address, unless you notify Cakeprint in writing of a different address to which your orders must be sent. Your address will not be used for any other purposes or passed on to third parties.
10.2 If Cakeprint has tacitly permitted deviations from these conditions for shorter or longer periods of time, this shall not affect its right to demand immediate and strict compliance to these conditions anyway. You can never claim any right on the grounds of the fact that Cakeprint applies these conditions in a flexible way.
10.3 If one or more of the provisions of these conditions or any other agreement with Cakeprint should be in conflict with any applicable legal requirement, the provision concerned will be abolished and replaced by a similar legally permissible provision, to be determined by Cakeprint.
10.4 Cakeprint is authorised to use the services of third parties in the processing of your order(s).
Article 11. Applicable right and authorised court
11.1 All rights, obligations, offers, orders and agreements to which these conditions apply, including these Conditions, are exclusively subject to Dutch law.
11.2 All conflicts between parties will be submitted exclusively to an authorised court in the Netherlands.