Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
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Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
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Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession;
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Day: calendar day;
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Digital content: data produced and delivered in digital form;
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Continuous performance contract: an agreement that concerns the regular supply of goods, services, and/or digital content over a specified period;
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Durable medium: any tool, including email, that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future access or use for a period tailored to the purpose for which the information is intended and which allows the unaltered reproduction of the stored information;
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Right of withdrawal: the consumer's ability to withdraw from a distance contract within the cooling-off period;
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Entrepreneur: a natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services to consumers at a distance;
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Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, where the conclusion of the contract is exclusively or partly facilitated by one or more means of distance communication;
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Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions; Appendix I need not be made available if the consumer has no right of withdrawal regarding their order;
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Means of distance communication: a tool that can be used to conclude a contract without the simultaneous physical presence of the consumer and entrepreneur.
Article 2 – Identity of the Entrepreneur
INCIA BV
Abberdaan 208
1046AB Amsterdam
Btwnr: NL865488174B01
Kvk:90891341
Mail: facturatie@inciaeurope.com
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request as soon as possible.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be found electronically, and that they will be sent to the consumer free of charge upon request by electronic means or in another manner.
- In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the case of conflicting conditions.
Article 4 - The Offer
- If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to enable the consumer to make an informed assessment of the offer. If the entrepreneur uses images, they must provide a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer includes information in such a way that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer.
Article 5 - The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set forth therein.
- If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur shall take suitable security measures for that purpose.
- Within the legal framework, the entrepreneur may verify whether the consumer can meet their payment obligations and examine all the facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or application with justification or to attach special conditions to its execution.
- Upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall provide the following information in writing or in a manner that can be stored by the consumer on a durable medium:
- The visiting address of the entrepreneur's establishment where the consumer can address complaints.
- The conditions and procedure for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
- Information about warranties and existing after-sales service.
- The price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract.
- The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.
- If the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a durable transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of Withdrawal For products:
- The consumer has the right to withdraw from an agreement regarding the purchase of a product within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to provide it.
- The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided they have informed the consumer clearly before the ordering process.
- if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part;
- for agreements for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, receives the first product. For services and digital content not supplied on a tangible medium:
- The consumer has the right to withdraw from a service contract and a contract for the supply of digital content not supplied on a tangible medium within 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to provide it.
- The cooling-off period mentioned in paragraph 3 begins on the day following the conclusion of the contract. Extended cooling-off period for products, services, and digital content not supplied on a tangible medium when not informed about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this article.
- If the entrepreneur provides the information mentioned in the previous paragraph to the consumer within twelve months from the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer receives that information.
Article 7 - Obligations of the Consumer During the Cooling-off Period
- During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.
- The consumer is liable for any diminished value of the product resulting from the handling of the product beyond what is necessary as described in paragraph 1.
- The consumer is not liable for the diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the time of entering into the contract.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Associated Costs
- If the consumer wishes to exercise their right of withdrawal, they shall notify the entrepreneur within the cooling-off period using the model withdrawal form or any other unequivocal method.
- The consumer shall return the product as soon as possible but no later than 14 days from the day following the notification as mentioned in paragraph 1, or they can hand it over to the entrepreneur or a representative of the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer shall be deemed to have observed the return period if they return the product before the cooling-off period has expired.
- The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer shall bear the direct costs of returning the product. If the entrepreneur has indicated that they will bear these costs, the consumer is not required to do so.
- If the consumer exercises their right of withdrawal after having expressly requested that the performance of the service or the supply of gas, water, or electricity that is not ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer shall pay the entrepreneur an amount proportional to the part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfillment of the commitment.
- The consumer shall not bear the costs for the provision of services or the supply of water, gas, or electricity that is not ready for sale in a limited volume or quantity, or for district heating if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the withdrawal costs, or the model withdrawal form; or
- the consumer has not explicitly requested the start of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
- The consumer shall not bear the costs for the full or partial delivery of digital content not supplied on a tangible medium if:
- they have not expressly agreed to the commencement of the performance of the contract before the end of the cooling-off period;
- they have not acknowledged losing their right of withdrawal when granting their consent; or
- the entrepreneur has failed to confirm this statement by the consumer.
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
- If the entrepreneur allows the consumer to exercise their right of withdrawal electronically, the entrepreneur shall promptly send a confirmation of receipt upon receiving the notice of withdrawal.
- The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but no later than 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer provides proof of returning the product, whichever occurs earlier.
- The entrepreneur shall use the same means of payment that the consumer used for the initial transaction unless the consumer agrees to a different method. The reimbursement shall be provided at no cost to the consumer.
- If the consumer chose a more expensive method of delivery than the standard delivery offered by the entrepreneur, the entrepreneur is not required to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if they clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract:
- Products or services whose price is dependent on fluctuations in the financial market that the entrepreneur does not control and that may occur within the withdrawal period.
- Agreements concluded during a public auction. A public auction refers to a sales method where products, digital content, and/or services are offered by the entrepreneur to consumers who are personally present or have the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
- Service contracts, after full performance of the service, but only if:
- the performance began with the consumer's explicit prior consent; and
- the consumer has declared that they will lose their right of withdrawal once the entrepreneur has fully performed the contract;
- Package holidays as referred to in Article 7:500 of the Dutch Civil Code (Burgerlijk Wetboek) and passenger transport agreements;
- Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the contract, and other than for residential purposes, goods transport, car rental services, and catering;
- Agreements related to leisure activities, if a specific date or period of performance is provided for in the contract;
- Custom-made products produced according to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that are liable to deteriorate or expire rapidly;
- Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
- Products that, after delivery, by their nature, are inseparably mixed with other items;
- Alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the contract, but which can only be delivered after 30 days and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
- Newspapers, journals, or magazines, with the exception of subscriptions to these publications;
- The supply of digital content not supplied on a tangible medium, but only if:
- the performance has begun with the consumer's explicit prior consent; and
- the consumer has acknowledged that they will lose their right of withdrawal.
Article 11 - The Price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence with variable prices. The fact that prices may fluctuate and any prices mentioned may be target prices must be stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- they are the result of legal regulations or provisions; or
- the consumer has the authority to terminate the contract with effect from the day the price increase takes effect.
- The prices of products or services mentioned in the offer are inclusive of VAT.
Article 12 - Performance of the Contract and Additional Warranty
- The entrepreneur guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that existed on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
- An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur if the entrepreneur fails to fulfill their part of the contract.
- An additional guarantee is understood to mean any obligation of the entrepreneur, its supplier, manufacturer, or importer in which they grant the consumer certain rights or claims that go beyond what is legally required in case they fail to fulfill their part of the contract.
Article 13 – Delivery and Execution
- The entrepreneur shall exercise the utmost care when receiving orders for products and when carrying out such orders, as well as when assessing requests for the provision of services.
- The consumer's specified address shall serve as the place of delivery.
- Subject to the provisions in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders promptly and no later than within 30 days, unless a different delivery period has been agreed upon. In case of delays in delivery or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer shall have the right to terminate the contract at no cost and to claim any damages.
- After termination in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
- The risk of damage to and/or loss of products shall rest with the entrepreneur until the moment of delivery to the consumer or to a designated representative known to the entrepreneur, unless otherwise expressly agreed upon.
Article 14 – Long-Term Transactions: Duration, Termination, and Renewal
Termination:
- The consumer may terminate a contract concluded for an indefinite period and aimed at regularly delivering products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate a contract concluded for a definite period and aimed at regularly delivering products (including electricity) or services at the end of the specified duration, taking into account the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the contracts mentioned in the previous paragraphs:
- at any time and shall not be restricted to termination at a specific time or during a specific period;
- by using the same method they used to enter into the contracts;
- with a notice period not exceeding the notice period the entrepreneur has stipulated for themselves.
Renewal: 4. A contract concluded for a definite period and aimed at regularly delivering products (including electricity) or services may not be tacitly renewed or extended for a definite duration.
- Notwithstanding the previous paragraph, a contract concluded for a definite period and aimed at regularly delivering daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to three months, provided that the consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
- A contract concluded for a definite period and aimed at regularly delivering products or services may only be tacitly renewed for an indefinite duration if the consumer can terminate it at any time with a notice period of no more than one month. The notice period shall be no more than three months if the contract is aimed at regularly delivering daily, news, and weekly newspapers and magazines, but less than once a month.
- A contract with a limited duration for the purpose of introducing or delivering daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically expire at the end of the trial or introductory period. Duration:
- If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, with a notice period of no more than one month, unless the principles of reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – Payment
- Unless otherwise agreed upon in the contract or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the contract is concluded. INCIA Europe wishes payment upon placing an order. In the case of a service contract, this period shall begin on the day following receipt of the confirmation of the contract by the consumer.
- In the sale of products to consumers, the consumer may never be obliged to make a prepayment of more than 50% in the general terms and conditions. If a prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed prepayment has been made.
- The consumer is obligated to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.
- If the consumer fails to meet their payment obligations on time, and after being reminded by the entrepreneur of the late payment and having been given a 14-day grace period to fulfill their payment obligations, the consumer shall owe the statutory interest on the outstanding amount and the entrepreneur shall be entitled to charge the consumer extrajudicial collection costs incurred. These collection costs shall be a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to the benefit of the consumer.
Article 16 – Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and shall handle complaints in accordance with this complaints procedure.
- Complaints about the performance of the contract must be submitted to the entrepreneur promptly and clearly described after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, it will become a dispute that is subject to the dispute settlement procedure.
Article 17 – Disputes
- Contracts between the entrepreneur and the consumer, to which these general terms and conditions apply, shall be exclusively governed by Dutch law.
- Disputes between the consumer and the entrepreneur regarding the formation or performance of contracts related to products and services that the entrepreneur must provide or has already provided, can be submitted by both the consumer and the entrepreneur to the Dutch Disputes Committee (Geschillencommissie Webshop), Postbus 90600, 2509 LP The Hague (www.sgc.nl).
- A dispute shall only be handled by the disputes committee if the consumer has first submitted their complaint to the entrepreneur within a reasonable time.
- If a dispute relates to the application of Article 15 of these general terms and conditions (payment), the consumer may submit the dispute to the Disputes Committee only after they have made an official complaint to the entrepreneur and this complaint has not been resolved within a reasonable time.
- If the consumer wishes to submit a dispute to the disputes committee, the entrepreneur shall be bound by this choice. If the entrepreneur wishes to do so, the consumer shall have the right to convert the dispute to the competent court in accordance with Article 18.
- The disputes committee decisions shall be made by way of binding advice.
- The disputes committee shall not handle a dispute or will discontinue its proceedings if the entrepreneur has been granted a suspension of payments, has been declared bankrupt, or has actually terminated their business activities before the committee has issued its ruling.
- If a complaint is filed with the disputes committee, all claims from the consumer against the entrepreneur will be suspended until the dispute has been resolved or the disputes committee proceedings have been discontinued.
- Decisions of the disputes committee shall not be subject to judicial review.
Article 18 – Additional or Different Provisions
Additional provisions or provisions that differ from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.
Article 19 - Amendment of the General Terms and Conditions
Changes to these terms and conditions are only effective after they have been published in the appropriate manner, provided that in the case of applicable changes during the duration of an offer, the provision most favorable to the consumer will prevail.
Attachment I: Model Withdrawal Form
Model Withdrawal Form
(fill out and return this form only if you want to withdraw from the agreement)
To:
INCIA BV
I.YILDIZ
Abberdaan 208
1046AB Amsterdam
Btwnr: NL865488174B01
Kvk:90891341
Mail: support@inciaeurope.com
I/We* hereby notify you that I/we* withdraw/withdraw from our agreement concerning the sale of the following products: [product description]*
Ordered on (DD-MM-YYYY): Order number: Received on (DD-MM-YYYY): Name/Names of consumer(s): Consumer(s) address: IBAN Bank Account Number: Consumer(s) signature (only when submitting this form on paper): Date (DD-MM-YYYY):
[Consumer(s) signature] (only when submitting this form on paper)
- Delete as appropriate or fill in as applicable.
- Additional General Terms and Conditions of INCIA Europe
The above General Terms and Conditions (hereinafter: "Conditions under I") apply to orders for groceries through INCIA Europe webshop/applications. In addition to the Conditions under I, the following additional General Terms and Conditions of INCIA Europe (hereinafter: "INCIA Europe Terms") apply to the use of the webshop/applications. In case of any inconsistency or conflict between the Additional General Terms and Conditions of INCIA Europe and the Conditions under I, the INCIA Europe Terms shall prevail.
Article 1 - Definitions In addition to the definitions in the Conditions under I, the following definitions apply:
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INCIA Europe Terms: these terms of INCIA Europe that apply in addition to the Conditions under I;
- Applications: the applications of INCIA Europe that enable the use of the Platform;
- Intellectual Property Rights: all intellectual property rights and related rights, such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights, as well as know-how rights;
- My INCIA Europe Account: the account created by you;
- Pickup Point: the location where the order can be picked up;
- Privacy Statement: INCIA Europe's privacy statement;
- Conditions under I: the general terms and conditions as described above under I.
Article 2 - Creating My INCIA Europe Account
- You can create a INCIA Europe account for free through the website www.inciaeurope.com. To fully use the Website and/or Applications, you must create a My INCIA Europe Account.
- You warrant that the information you provide in the context of creating your My INCIA Europe Account is accurate and complete, and you will update it to keep it accurate and complete.
- You are responsible for keeping the login credentials for your My INCIA Europe Account confidential. You are liable for all use made through your My INCIA Europe Account on the Website and/or Applications as a result of your actions and/or omissions. Once you know or have reason to suspect that your My INCIA Europe Account has fallen into unauthorized hands, you must immediately inform INCIA Europe, without prejudice to your own obligation to take effective measures, such as changing your password. INCIA Europe is not liable for any damage arising in any way from or related to unauthorized use of the My INCIA Europe Account, unless such damage results from circumstances attributable to.INCIA Europe obvious errors or mistakes in the offer do not bind INCIA Europe.
Article 3 - Order
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INCIA Europe does not have a minimum order amount when placing an order. The amounts on the website are exclusive of any delivery charges, service fees, and deposit fees.
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INCIA Europe offers you the option to choose the time period within which you want to pick up or have your order delivered. Reserving a specific time period may incur charges, which will be clearly indicated on the Website.
- If pickup is chosen, orders can be collected at the selected Pickup Point within the agreed-upon time period. If you do not collect a placed order at your chosen Pickup Point, the order will be canceled.
- If you opt for delivery, the order will be delivered to the address you provided within the agreed-upon time period. Delivery charges as indicated on the Website may apply. INCIA Europe endeavors to make the delivery at the specified time, or within the agreed-upon time period, but you cannot hold INCIA Europe liable for non-delivery or delayed delivery of the order.
- If you are unable to receive the delivery within the specified time period, INCIA Europe will contact you to arrange a new appointment. INCIA Europe reserves the right to cancel orders that cannot be delivered to the specified address, for example, if you are not at home and/or a new delivery appointment cannot be made
- If the delivery of your order is carried out by a third party to you, this fulfills INCIA Europe obligation to deliver your order.
- If you do not collect a placed order at your chosen Pickup Point or do so in a timely manner, INCIA Europe will cancel the order. INCIA Europe reserves the right to temporarily or permanently block and/or delete your My INCIA Europe Account.
- You can view previous orders placed by you in your My INCIA Europe Account.
- If you wish to cancel an order, you may do so up to 3 hours after placing the order.
Article 4 - Right of Withdrawal
For information on the right of withdrawal, please refer to articles 6 to 10 of the Conditions under I. Sealed products that are not suitable for return due to reasons of health or hygiene and whose sealing has been broken after delivery cannot be returned. These products include: food items, personal care & cosmetics, cleaning products, and products falling under the Mama & Baby category.
Article 5 - Payment
You must make the payments due to INCIA Europe for an online order using the payment methods as indicated on the Website. Payments must be made immediately to complete the order.
Article 6 - Pricing Policy
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INCIA Europe strives to display the correct prices. However, it may occur that prices of products are displayed incorrectly. In principle, the prices shown at the time of placing your order are binding. In certain cases mentioned below, the price when picking up and/or delivering products may (slightly) differ from the price at the time of ordering.
- When ordering products that need to be weighed, the final price of the weighed product may be (slightly) higher or lower than the price indicated when you placed the order. In such a case, the actual price will be charged at the time of pickup.
- Promotional prices apply during the specified period. To benefit from a promotion, the pickup and/or delivery must occur within the promotion period. If you choose a pickup and/or delivery time after the promotion period, the promotion will no longer apply, and the regular price will be charged when placing the order. Conversely, if a promotion is valid at the time of pickup and/or delivery, the promotion will be included in the final price.
- For all products, you will pay the price that the item costs at the time of placing your order and as indicated on the invoice.
- For promotions, subject to availability. Certain promotions may have limitations on the quantity of products that can be purchased. For "While supplies last" promotions, the promotion is valid as long as stocks last.
- "Buy one, get one half price" means a 25% discount on the total price of two products, "Buy one, get one free" means a 50% discount on the total price of two products, "Buy two, get one free" means a 33.34% discount on the total price of three products, and "Buy three, get one free" is a 25% discount on the total price of four products.
- Some promotions have a limit on the number of products you can order. You will receive an automatic notification in the app when you have added the maximum number of products to your cart.
- All discount codes provided by INCIA Europe are for personal use unless otherwise stated. Discount codes can only be used once.
Article 7 - Food Specifications
INCIA Europe strives to provide information about products that may affect your health in a correct manner. The information on the product itself always takes precedence. It is essential to always check if a particular product is suitable for you.
Article 8 - Transfer of Risk
The risk of loss, damage, or depreciation passes to the consumer when the goods come into the possession of the consumer.
Article 9 - Force Majeure
INCIA Europe is not obligated to fulfill any obligation towards the consumer if it is hindered from doing so due to circumstances beyond its control, not attributable to fault, and not for which it is responsible under the law, a legal act, or prevailing opinions. Force majeure, as used in these general terms and conditions, includes, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, over which INCIA Europe has no control but which prevent INCIA Europe from fulfilling its obligations. This includes strikes within INCIA Europe'sbusiness or by third parties. To the extent that INCIA Europe has partially fulfilled its obligations under the agreement at the time force majeure occurs or is likely to occur, INCIA Europe is entitled to separately invoice the part already fulfilled or to be fulfilled.
Article 10 - Intellectual Property Rights
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INCIA Europe reserves all rights not explicitly granted to you. Your use of the Website does not result in a transfer of any Intellectual Property Rights of INCIA Europe to you. You only obtain a non-transferable, non-exclusive, non-sublicensable, limited license to use the Website for the purposes specified on the Website.
- You acknowledge that all (Intellectual Property) rights concerning the Website, including but not limited to Intellectual Property Rights concerning texts, photos, videos, and software, exclusively belong to INCIA Europe or its licensors.
- (Parts of) the Website may not be reproduced or made public (in whole or in part) in any way or form unless otherwise provided in the INCIA Europe Terms and Conditions and/or as required by mandatory law. It is also not allowed to: (i) request and reuse a substantial part of the content of the Website and/or Applications, or repeatedly and systematically request and reuse non-substantial parts of the content of the Website and/or Applications; and/or (ii) use any software or hardware tools and/or solutions (self-developed or provided by third parties) aimed at taking over any information accessible through the Website and/or Applications, or to spider, scrape, search, or use the Website and/or Applications in any other improper manner.
Article 11 - Age
- A minimum age of 16 years applies to the purchase of certain products and quantities of products. It is not allowed to purchase products if you have not reached the required age.
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INCIA Europe is entitled to request a valid identification when ordering, picking up, and/or delivering your order. If you cannot provide a valid identification, INCIA Europe cannot place or release your order.
Article 12 - Abuse
If INCIA Europe determines that you are abusing the Website and/or Applications, INCIA Europe is entitled to temporarily or permanently block or delete your My INCIA Europe Account. If abuse occurs repeatedly, INCIA Europe may, in compliance with relevant laws and regulations, place you on a blacklist.
Article 13 - Privacy and Cookies
- During your use of the Website and/or Applications, INCIA Europe will process your personal data. INCIA Europe carries out this processing in accordance with its Privacy Statement.
- When you visit the Website and/or use the Applications, cookies are placed. For more information about cookies, please refer to the Cookie Statement.
Article 14 - Liability
- If INCIA Europe is liable, its liability is limited to what is provided in this provision.
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INCIA Europe is not liable for damages of any kind arising because INCIA Europe relied on incorrect and/or incomplete information provided by or on behalf of the consumer.
- If INCIA Europe is liable for any damages, its liability is limited to the invoice value of the order, or the portion of the order to which the liability relates, at most.
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INCIA Europe's liability is in any case always limited to the amount of the compensation paid by its insurer, if any.
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INCIA Europe is only liable for direct damages. Direct damages are exclusively understood as reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to ensure that INCIA Europe's performance under the agreement corresponds to the agreement, insofar as these costs can be attributed to INCIA Europe, and reasonable costs incurred to prevent or limit damage, insofar as the consumer can demonstrate that these costs have led to a limitation of direct damage as defined in these general terms and conditions.
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INCIA Europe is never liable for indirect damages, including consequential damages, loss of profit, missed savings, and damage due to business interruption.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of INCIA Europe or its senior subordinates.
Article 15 - Miscellaneous
These INCIA Europe Terms and Conditions can be amended by INCIA Europe at any time. The amended INCIA Europe Terms and Conditions will be brought to your attention on the Website and/or within the Application.
Article 16 - Location
These terms and conditions are deposited with the Chamber of Commerce. The latest version or the version that applied at the time of the establishment of the legal relationship with the consumer is applicable.