General terms and conditions

1 Scope, definitions

1. These Terms and Conditions apply to all orders placed in the online shop of Joh. Stolwijk & Söhne. The version valid at the time of the order is authoritative. Any conflicting or supplementary terms and conditions of the buyer will only become part of the contract if and to the extent that Joh. Stolwijk & Söhne has explicitly agreed to them in writing. This consent requirement applies in every case, for example, even if Joh. Stolwijk & Söhne, being aware of the buyer's terms, executes the delivery unconditionally.
2. The customer is considered a consumer if the purpose of the ordered goods and services cannot predominantly be attributed to their commercial or independent professional activity. Conversely, an entrepreneur is any natural or legal person or a legally responsible partnership acting in the execution of its commercial or independent professional activity when concluding the contract.

2 Contractual partners

The contract is concluded between the customer and the operator of the online shop. The contractual partner for all orders is:
Joh. Stolwijk & Söhne, Rijneveld 71, 2771 XW Boskoop, Netherlands. Hereinafter also referred to as "the provider.

3 Conclusion of contract

1. The presentation of products in the online shop does not yet constitute a binding offer to conclude a sales contract.
2. The customer can select products from the range of Joh. Stolwijk & Söhne and collect them in a shopping cart by clicking the "Add to Cart" button. By clicking the "Order with Obligation to Pay" button, the customer submits a binding offer to purchase the items in the shopping cart. Before submitting the order, the customer can review and modify their details at any time.
3. Joh. Stolwijk & Söhne then sends an automatic confirmation email to the customer, listing the customer’s order and allowing them to print the order confirmation. The automatic confirmation only documents that the customer’s order has been received and does not yet constitute acceptance of the offer. The contract is only concluded through a separate acceptance declaration by the provider, which is sent via a separate email (order confirmation). In this email, or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, Terms and Conditions, and order confirmation) will be sent to the customer by Joh. Stolwijk & Söhne (email or paper printout). The customer can store or print the order summary and the contractual terms upon order placement in a reproducible form. Joh. Stolwijk & Söhne stores the contract text in compliance with data protection.

4 Prices and shipping costs

1. There is no shipping.

§ 5 Payment

1. Payment is made via
   
2. Joh. Stolwijk & Söhne expressly points out that Deutsche Post accepts only cash for cash-on-delivery shipments. By providing the credit card number in the order, you authorize Joh. Stolwijk & Söhne to charge the purchase amount from the credit card account specified in your order.

§ 6 Refunds

1. For any refund, we will use the same payment method that you used for the original transaction, unless something different has been expressly agreed with you.
2. In no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back, or until you have provided proof that you have returned the goods, whichever occurs first.

§ 7 Gift Vouchers and Their Redemption

1. Gift vouchers can be redeemed for the purchase of goods. A gift voucher cannot be used to purchase additional gift vouchers. Multiple gift vouchers may be redeemed per purchase. Any remaining balance will be available for future purchases. If the balance of a gift voucher is insufficient for the order, the difference must be paid using the available payment options.
2. Gift vouchers can only be redeemed before completing the ordering process. The balance of a gift voucher will neither be paid out in cash nor accrue interest.

§ 9 Delivery

1. No delivery will take place.

§ 10 Right of Withdrawal for Consumers

1. A consumer is any natural person who enters into a legal transaction for purposes that predominantly do not relate to their commercial or independent professional activity (see § 13 BGB).
2. The right of withdrawal does not exist, unless otherwise agreed upon by the parties, in contracts
   • for the delivery of goods that are not pre-made and for whose production an individual choice or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
   • for the delivery of goods that may quickly spoil or whose expiration date would be quickly exceeded.
   • for the delivery of sealed goods that are not suitable for return for health or hygiene reasons if the seal was removed after delivery.
   • for the delivery of digital content, such that the consumer's right of withdrawal expires if the consumer expressly agrees that the provision of digital content may begin before the usual withdrawal period expires; this requires that the consumer has given their consent and simultaneously confirmed that they have been informed that this consent results in the loss of their right of withdrawal from the contract.
3. Consumers have the following right of withdrawal:
   
   Withdrawal Information
   
   Right of Withdrawal
   
   You have the right to withdraw from this contract within fourteen days without providing any reasons.
   The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
   To exercise your right of withdrawal, you must inform us (Joh. Stolwijk & Söhne, Rijneveld 71, 2771 XW Boskoop, Netherlands, Email: info@joh-stolwijk.nl, Phone: 0031-172-213429) of your decision to withdraw from this contract through a clear declaration (e.g., a letter sent by post, a phone call, fax, or email). You may use the attached sample withdrawal form, which is not mandatory.
   To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the withdrawal period expires.
   
   
   Consequences of Withdrawal
   If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day on which we received your notification of withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction unless something different has been expressly agreed upon with you; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
   You must return the goods without delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You will only be liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary for checking their nature, characteristics, and functioning.
   
   End of Withdrawal Information
4. Sample Withdrawal Form
   (If you want to withdraw from the contract, please fill out this form and send it back.)
   
   To
   Joh. Stolwijk & Söhne
   Rijneveld 71
   2771 XW Boskoop
   
   Email: info@joh-stolwijk.nl
   
   Withdrawal
   Hereby I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods(*)
   
   ___________________________________________________________________________________________________
   the provision of the following service (*)
   
   ___________________________________________________________________________________________________
   
   Ordered on (*)__________________ /received on (*)___________________
   
   Name of the consumer(s): _________________________
   
   Address of the consumer(s): _________________________
   _________________________
   _________________________
   _________________________
   
   _______________________ _________________________
   Signature of the consumer(s) Date
   (only for notifications in paper form)
   
   (*) Delete as applicable.
   You can also download the sample withdrawal form here.

§ 11 Retention of Title

Until the complete settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of Joh. Stolwijk & Söhne. As long as this retention of title exists, the customer is not permitted to resell the goods or dispose of them; in particular, the customer may not grant third parties any rights to use the goods.

§ 12 Rights for Defects

Joh. Stolwijk & Söhne is liable for material defects according to the applicable statutory provisions. For entrepreneurs, the warranty period for items supplied by Joh. Stolwijk & Söhne is 24 months.

§ 13 Liability

1. Claims for damages by the customer are excluded. Excluded from this are claims for damages due to injury to life, body, or health, or due to the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages arising from intentional or grossly negligent breaches of duty by Joh. Stolwijk & Söhne, its legal representatives, or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
2. In the event of a violation of essential contractual obligations, Joh. Stolwijk & Söhne is liable only for typical contractual and foreseeable damages, if these were caused by simple negligence, unless it involves claims for damages from the customer due to injury to life, body, or health.
3. The limitations in paragraphs 1 and 2 also apply in favor of the legal representatives and agents of Joh. Stolwijk & Söhne if claims are made directly against them.
4. The liability limitations resulting from paragraphs 1 and 2 do not apply if Joh. Stolwijk & Söhne has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if Joh. Stolwijk & Söhne and the customer have made an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.

§ 14 Applicable Law

The contract concluded between you and Joh. Stolwijk & Söhne is governed exclusively by the law of the country Netherlands, with the express exclusion of the UN Sales Convention. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

§ 15 Jurisdiction

1. If you do not have a residence in Netherlands at the time of ordering, or if you move your residence abroad after the conclusion of the contract, or if your residence is not known at the time of the filing of the lawsuit, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Boskoop.
2. If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the buyer and Joh. Stolwijk & Söhne shall be the registered office of Joh. Stolwijk & Söhne.

§ 16 Consumer Dispute Resolution

Joh. Stolwijk & Söhne is not obliged and not willing to participate in dispute resolution procedures before a consumer arbitration board.