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Terms and Conditions
The Pastry, located in Lelystad, Chamber of Commerce number 80314058, is referred to in these general terms and conditions as the seller.
The other party to the seller is referred to in these general terms and conditions as the buyer.
The parties are the seller and the buyer together.
The agreement refers to the purchase agreement between the parties.
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.
The full purchase price is always paid immediately in the store. In some cases, a down payment is expected for reservations. In that case, the buyer will receive proof of the reservation and the advance payment.
If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
If the buyer remains in default, the seller will proceed to collection. The costs relating to that collection will be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims on the buyer are immediately due and payable.
If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
In our webshop, all prices are in euros including 9% VAT. You can pay in different ways, without extra costs: iDEAL, Credit card.
After you have placed an order, you will receive a confirmation by e-mail. If you have not received a confirmation after an hour, check your spam box and then contact us.
Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that stated term, the offer will lapse.
Delivery times in quotes are indicative and do not entitle the buyer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
Offers and quotes do not automatically apply to repeat orders. The parties must expressly agree to this in writing.
As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.
All cakes are made in our bakery and each has an individual manual touch, therefore the product you receive may differ slightly from the product photo you see on our website.
The Pastry is not liable for injuries caused by incorrect and/or unreasonable use of the items.
The Pastry reserves the right to change the general terms and conditions without prior notice.
The buyer is obliged to (have) the delivered item inspected at the time of (delivery), but in any case within the shortest possible period. In doing so, the buyer must investigate whether the quality and quantity of the delivered item correspond with what the parties have agreed, or at least that the quality and quantity meet the requirements that apply to them in normal (commercial) transactions.
Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to the seller within 3 working days after the day of delivery of the goods by the buyer.
If the complaint is declared justified within the set period, the seller has the right to repair or re-deliver, or to cancel delivery and send the buyer a credit note for that part of the purchase price.
Minor and/or industry-standard deviations and differences in quality, colour, quantity, size or finish cannot be held against the seller.
Complaints regarding a specific product do not affect other products or components belonging to the same agreement.
No more complaints will be accepted after the goods have been processed by the buyer.
Delivery takes place ‘ex works shop warehouse’. This means that all costs are for the buyer.
The buyer is obliged to take delivery of the goods at the time the seller delivers them to him or has them delivered, or at the time the goods are made available to him in accordance with the agreement.
If the buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, the seller is entitled to store the item at the buyer’s expense and risk.
If the items are delivered, the seller is entitled to charge any delivery costs.
If the seller requires information from the buyer for the execution of the agreement, the delivery time commences after the buyer has made this information available to the seller.
A delivery period specified by the seller is indicative. This is never a fatal term. If the term is exceeded, the buyer must give the seller written notice of default.
You must choose a specific date for delivery. We can deliver the next day, provided the order is placed before 5:00 PM. The cakes are transported in specially designed cool boxes and delivery is carried out by professionals with a major in the food distribution industry. We do not deliver on Sundays.
Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in article 3:83, paragraph 2, of the Dutch Civil Code.
The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and take back the goods.
If the agreed advance payments are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. This is considered a creditor’s default. In that case, a late delivery cannot be held against the seller.
Seller is not authorized to pledge or otherwise encumber the items subject to his retention of title.
Seller undertakes to insure and keep insured the items delivered to buyer under retention of title against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request.
If items have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, seller has the right of retention. The item will then not be delivered until buyer has paid in full and in accordance with the agreement.
In the event of liquidation, insolvency or suspension of payment of buyer, buyer’s obligations are immediately due and payable.
Given that cakes are perishable products, it is not possible to cancel the order after you have placed it on our website.
If the seller is unable to fulfil his obligations under the agreement, or is unable to fulfil them in a timely or proper manner due to force majeure, he shall not be liable for any damage suffered by the buyer.
Force majeure shall in any case be understood by the parties to mean any circumstance which the seller could not have taken into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or threat of war, and riots, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of a company, strikes, lockouts, changed government measures, transport difficulties and other disruptions in the seller’s business.
Furthermore, the parties shall understand force majeure to mean the circumstance that suppliers on which the seller depends for the performance of the agreement do not fulfil their contractual obligations towards the seller, unless this is attributable to the seller.
If a situation as referred to above occurs as a result of which the seller cannot fulfil his obligations towards the buyer, these obligations shall be suspended for as long as the seller cannot fulfil his obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing, in whole or in part.
If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect.
Termination is only possible by registered letter.
The buyer is obliged to report complaints about the work performed to the seller immediately. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.
If a complaint is justified, the seller is obliged to repair the goods and replace them if necessary.
Any personal data you enter when placing an order will only be used by The Pastry to process your order and for marketing purposes. We will never provide your data to third parties.
If you have any questions about this, please do not hesitate to contact us.
All photos on the website and texts are original work of The Pastry team and belong to The Pastry C.V.
This agreement between seller and buyer is exclusively governed by Dutch law. The Dutch court has jurisdiction.
The applicability of the Vienna Sales Convention is excluded.
If in legal proceedings one or more provisions of these general terms and conditions are deemed to be unreasonably onerous, the remaining provisions shall remain in full force.
All disputes arising from this agreement shall be submitted exclusively to the competent court.
