General Terms and Conditions
Celebration Terms and Conditions Brownie
Celebration Brownie (hereinafter: Celebration Brownie ) is registered with the Chamber of Commerce under number 88815439 .
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
2. Offer: any written offer to Buyer for the delivery of Products by Seller to which these terms and conditions are inseparably linked.
3. Company: the natural or legal person who acts in the exercise of a profession or business.
4. Consumer: the natural person who is not acting in the exercise of a profession or business.
5. Buyer : the Company or Consumer who enters into a (distance) Agreement with the Seller.
6. Agreement: the purchase agreement (at a distance) which provides for the sale and delivery of Products purchased by the Buyer from Celebration Brownie .
7. Products: the Products supplied by Celebration What we offer is chocolate in the broadest sense of the word, including custom-made Brownies , but also merchandise .
8. Seller: the supplier of Products to Buyer, hereinafter: Celebration Brownie .
9. Website: www. celebrationbrownie.nl
Article 2 - Applicability
1. These general terms and conditions apply to every Offer from Celebration Brownie and any Agreement between Celebration Brownie and a Buyer and on any Product provided by Celebration Brownie is offered.
2. Before a (remote) Agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Celebration will Brownie will inform the Buyer how the Buyer can view the general terms and conditions, which in any case can be found on the Celebration website. Brownie have been published so that the Buyer can easily save these general terms and conditions on a durable data carrier.
3. In exceptional situations, these general terms and conditions may be deviated from if this is explicitly agreed in writing with Celebration. Brownie agreed.
4. These general terms and conditions also apply to supplementary, amended, and subsequent agreements with the Buyer. Any general and/or purchasing terms and conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are or become partially or completely null and void, the other provisions of these general terms and conditions will remain in force and the null and void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Any ambiguities regarding the content, explanation or situations not covered by these general terms and conditions should be assessed and interpreted in accordance with the spirit of these general terms and conditions.
7. Where these terms and conditions refer to she/her, this should also be understood as a reference to he/him/his, if and to the extent applicable.
Article 3 - The Offer
1. All by Celebration Offers made by Brownie are non-binding, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer is only valid if it is recorded in writing.
2. The Celebration Brownie made Offer is without obligation. Celebration Brownie is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 14 days, or if the Buyer has already paid the amount due, unless otherwise agreed. Nevertheless, Celebration Brownie has the right to enter into an Agreement with a potential Buyer for Celebration Brownie valid reason to refuse.
3. The Offer contains an accurate description of the Product offered and its associated prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious errors or mistakes in the Offer may be made by Celebration Brownie is not binding. Any images and specific details in the Offer are for illustrative purposes only and cannot constitute grounds for any compensation or termination of the (remote) Agreement. Celebration Brownie cannot guarantee that the colours in the image exactly match the actual colours of the Product.
4. Deviations in the offer of both 10% and 20% of the gram weight are possible. However, the buyer will still pay the price stated for the gram weight in the offer.
5. Delivery Times and Terms stated in the Celebration Offer Brownie prices are indicative and do not entitle the Buyer to cancellation or compensation if they are exceeded, unless expressly agreed otherwise.
6. A composite quotation obliges Celebration Brownie does not undertake to deliver part of the items included in the offer or Offer for part of the stated price.
7. If and insofar as a special offer is offered, this does not automatically apply to reorders. Offers are only valid while supplies last, and on a first-come, first-served basis.
8. If and to the extent that a batch has been rejected by the NVWA or by us following microbiological testing , this may have consequences for the Buyer 's order . Celebration is never liable Brownie liable for any damage suffered by the Buyer as a result thereof. If and to the extent that an order from the Buyer has already been delivered (the so-called Recall ), but the NVWA, the supplier or Celebration Brownie In the meantime, a batch has been rejected, Celebration will Brownie Inform the buyer of this immediately. The buyer is responsible and obligated to take appropriate follow-up measures and not to process , consume , or resell the rejected Products.
Article 4 - Formation of the Agreement
1. The Agreement is concluded at the moment the Buyer receives an Offer from Celebration Brownie has accepted or paid for the relevant Product.
2. An Offer may be made by Celebration Brownie orders can be placed via the website or by telephone.
3. If Buyer has accepted the Offer by entering into an Agreement with Celebration Brownie , will Celebration Brownie will confirm the Agreement with Buyer in writing, or at least by e-mail.
4. If the acceptance deviates (on minor points) from the Offer, Celebration Brownie not bound by it.
5. Celebration Brownie is not bound by an Offer if the Buyer could reasonably have expected, or should have understood, that the Offer contained an obvious error or typographical error. The Buyer cannot derive any rights from this error or typographical error.
6. The right of withdrawal is excluded for Business Buyers. Consumer Buyers have the right to exercise their right of withdrawal within the statutory period. If withdrawal is applicable, the Buyer will handle the Product and its packaging with care. They will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functioning of the Product. The direct costs of returning the Product are borne by the Buyer.
7. The right of withdrawal is excluded for the Buyer with regard to all Products that spoil quickly or have a limited shelf life, and/or Products of which the Buyer has broken the seal. This is expressly stated in the Offer.
Article 5 - Execution of the Agreement
1. Celebration Brownie will perform the Agreement to the best of its knowledge and ability.
2. If and to the extent that proper performance of the Agreement so requires, Celebration has Brownie has the right to have certain work carried out by third parties at its own discretion.
3. The Buyer shall ensure that all data of which Celebration Brownie indicates that these are necessary or that the Buyer reasonably should understand that these are necessary for the performance of the Agreement, to Celebration in a timely manner Brownie will be provided. If the data required for the execution of the Agreement are not provided to Celebration in a timely manner, Brownie has been provided, Celebration has Brownie has the right to suspend the performance of the Agreement.
4. In the performance of the Agreement, Celebration Brownie is not obligated or obliged to follow the Buyer's instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for Celebration, Brownie , the Buyer is obliged to reimburse the additional or supplementary costs accordingly.
5. Celebration Before proceeding with the execution of the Agreement, Brownie may request security from the Buyer or full advance payment.
6. Celebration Brownie is not liable for any damage of any nature whatsoever that has arisen as a result of Celebration Brownie has assumed incorrect and/or incomplete information provided by the Buyer, unless Celebration is responsible for this incorrectness or incompleteness. Brownie was known. This also includes processing the Agreement through automated decision-making.
7. Buyer indemnifies Celebration Brownie against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.
8. If an order form is not fully completed (think of contact and name and address details), Celebration will Brownie will contact the Buyer by phone. If the Buyer cannot be reached by phone, Celebration Brownie Buyer must be informed of the problem by email. If Celebration Brownie does not receive a response before the time stated in the email is Celebration Brownie is forced to suspend the order and only proceed with shipping after receiving the (additional) instructions.
9. Celebration Brownie has the right to refuse an Order without giving reasons.
Article 6 - Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, has not provided sufficient cooperation, or the (down) payment has not been received by Celebration in a timely manner, Brownie or other circumstances beyond Celebration 's control Brownie any delay occurs, Celebration has Brownie is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never final deadlines. The buyer must inform Celebration Brownie must be given written notice of default and a reasonable period of time to deliver. The buyer is not entitled to any compensation for the delay.
2. The Buyer is obliged to take delivery of the goods at the time they are made available to the Buyer in accordance with the Agreement, even if they are offered to the Buyer earlier or later than agreed.
3. If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, Celebration Brownie is entitled to store the goods at the expense and risk of the Buyer.
4 . If the Products are delivered by Celebration Brownie or an external carrier is Celebration Unless otherwise agreed in writing, Brownie is entitled to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
5 . If Celebration If Brownie needs information from the Buyer in the context of the performance of the Agreement, the delivery time will only commence after the Buyer has provided Celebration with all information required for the performance. Brownie has made available.
6 . If Celebration If Brownie has specified a delivery time, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.
7. Celebration Brownie is entitled to deliver the goods in parts, unless otherwise agreed in the Agreement or the partial delivery has no independent value. Celebration Brownie is entitled to invoice the goods delivered separately.
8. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. Celebration Brownie reserves the right to refuse delivery if there is a reasonable fear of non-payment.
9. If the Buyer is not at home/not available to receive the goods, and Celebration If Brownie cannot leave the items for the Buyer in any other way at the time of the first delivery attempt (for example by delivering the items to existing neighbors), Celebration is entitled to Brownie is entitled to charge additional costs for a subsequent delivery attempt. Celebration Brownie is not liable for any loss of quality of the goods / Products because a subsequent (for example second) delivery attempt must be made or in the case of Celebration Brownie feels compelled to leave the Products for the Buyer in a different manner (for example: delivering to neighbours).
10. Celebration Brownie packages are shipped by letterbox post with a parcel service unless otherwise agreed.
11. Celebration Brownie letterbox packages will be shipped within 2-3 days.
12. Celebration Brownie is not a Visit and Pick-up Location.
Article 7 - Packaging and transport
1. Celebration Brownie undertakes to the Buyer to properly package and secure the goods to be delivered in such a way that they reach their destination in good condition under normal use.
2. Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), including packaging and packaging materials.
3. Accepting goods without any comments or remarks on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.
Article 8 - Investigation, complaints
1. For fresh products, the Buyer must inspect the delivered goods upon receipt and return them to the carrier. The Buyer must also examine whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements applicable in normal (commercial) transactions.
2. Any visible defects or shortages must be reported to Celebration in writing after delivery. Brownie must be reported. The buyer has 3 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days of discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer, the Buyer is liable for any diminished value of the Product.
3. If If a complaint is made in a timely manner pursuant to the previous paragraph, the Buyer remains obligated to pay for the purchased items. If the Buyer wishes to return defective items, this will only be done with the prior written consent of Celebration. Brownie the way Celebration makes it Brownie indicated.
4. The right of withdrawal is excluded for fresh products. If the Buyer, being a Consumer, exercises their right of withdrawal, they will return the Product and all accessories, to the extent reasonably possible, in their original condition and packaging to Celebration. Brownie , in accordance with Celebration 's return instructions Brownie . The direct costs for returns are at the expense and risk of the Buyer.
5. Celebration Brownie is entitled to initiate an investigation into the authenticity and condition of the returned Products before issuing a refund.
6. Refunds to the Buyer will be processed as quickly as possible, but may take up to 14 days after receipt of the Buyer's notice of cancellation. Refunds will be made to the account number provided earlier.
7. If the Buyer exercises its right to make a complaint, the Buyer, being a Company, has no right to suspend its payment obligation nor to offset outstanding invoices.
8. In the absence of a complete delivery, and/or if one or more Products are missing, and this is reported to Celebration Brownie is due, will Celebration Brownie, upon request from the Buyer, will send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is decisive in this regard. Any damages suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Celebration. Brownie .
9. Products purchased by Buyer from Celebration Brownie is kept in custody at the Buyer's risk.
Article 9 - Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.
2. The prices stated in the Offer are exclusive of VAT and ex-works, unless expressly stated otherwise.
3. The prices stated in the Offer are based on the cost factors applicable at the time the Agreement is concluded, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the case of Products or raw materials which are subject to price fluctuations on the financial market and on which Celebration Brownie has no influence, Celebration can Brownie offers these Products at variable prices. The Offer states that the prices are indicative and may fluctuate.
Article 10 - Payment and collection policy
1. Payment should preferably be made in advance in the currency in which the invoice was issued using the method indicated, unless otherwise agreed.
2. The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
3. The buyer must make payment in one go to the account number and details provided to her by Celebration. Brownie . Parties may only after explicit written permission from Celebration Brownie agree on a different payment term.
4. If a periodic payment obligation of the Buyer has been agreed, Celebration Brownie is entitled to adjust the applicable prices and rates in writing, taking into account a notice period of 3 months.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment of the Buyer, Celebration 's claims Brownie immediately due and payable to the Buyer.
6. Celebration Brownie has the right to deduct payments made by the Buyer firstly from the costs, then from the accrued interest and finally from the principal amount and current interest. Celebration Brownie may, without defaulting, refuse an offer of payment if the Buyer specifies a different order for the allocation. Celebration Brownie may refuse full repayment of the principal if the accrued and current interest and costs are not also paid.
7. If the Buyer fails to meet their payment obligation and has not fulfilled their obligation within the specified payment term, the Buyer, being a Business, will be in default. If the Buyer is a Consumer, they will first receive a written reminder with a term of 14 days from the date of the reminder to still meet their payment obligation, along with a statement of the extrajudicial costs if the Consumer does not meet their obligations within that term, before they are in default.
8. From the date that Buyer is in default, Celebration will Brownie may, without further notice of default, claim statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale from the Decree on Compensation for Extrajudicial Collection Costs of 1 July 2012.
9. If Celebration If Brownie has incurred additional or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Legal and enforcement costs incurred are also the responsibility of the Buyer.
Article 11 - Retention of title
1. All by Celebration Items delivered by Brownie remain the property of Celebration Brownie until Buyer has fulfilled all subsequent obligations arising from all with Celebration Brownie closed Agreements have been fulfilled.
2. The buyer is not authorised to pledge or otherwise encumber the items subject to the retention of title if ownership has not yet been fully transferred.
3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Buyer is obliged to inform Celebration To inform Brownie of this as soon as reasonably may be expected.
4. Just in case Celebration If Brownie wishes to exercise its ownership rights as indicated in this article, the Buyer hereby grants Celebration unconditional and irrevocable consent and authorization Brownie or any third party designated by him to enter any place where Celebration 's properties are located Brownie are located and to take back those things.
5. Celebration Brownie has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) met his payment obligations, despite an obligation to transfer or deliver Celebration Brownie . After Buyer has fulfilled his obligations, Celebration Brownie will make every effort to deliver the purchased Products to the Buyer as quickly as possible, but no later than within 20 working days.
6. Costs and other (consequential) damages resulting from retaining the purchased Products are at the expense and risk of the Buyer and will be reported to Celebration upon first request. Brownie will be reimbursed by Buyer.
Article 12 - Warranty
Celebration Brownie guarantees that the Products comply with the Agreement, the specifications stated in the offer, their usability and/or soundness, and the legal rules/regulations applicable at the time the Agreement was concluded. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified Celebration of this use in writing at the time the Agreement was concluded. Brownie .
Article 13 - Suspension and termination
1. Celebration Brownie is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Buyer fails to fulfill or fails to fully fulfill the (payment) obligations arising from the Agreement.
2. Moreover, Celebration Brownie is entitled to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not fulfil the obligations arising from any agreement with Celebration in a timely or proper manner. Brownie closed Agreement result.
3. Furthermore, Celebration Brownie is entitled to terminate the Agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be reasonably expected, or if other circumstances arise that are of such a nature that continued existence of the Agreement in unaltered form cannot reasonably be expected.
4. If the Agreement is terminated , Celebration 's claims Brownie on Copper immediately due. When Celebration If Brownie suspends compliance with its obligations, it retains its claims under the law and the Agreement.
5. Celebration Brownie always reserves the right to claim damages.
Article 14 - Limitation of liability
1. If the performance of the Agreement by Celebration Brownie leads to liability of Celebration Brownie towards Buyer or third parties, that liability is limited to the amount incurred by Celebration in connection with the Agreement Brownie charges unless the damage is caused by intent or gross negligence. Celebration 's liability In any case, Brownie is limited to the maximum amount of damages paid out by the insurance company per event per year.
2. Celebration Brownie is not liable for consequential damage, indirect damage, loss of profit and/or losses incurred, lost savings, and damage resulting from the use of the delivered Products . Consumers are subject to a limitation in accordance with what is permitted under Article 7:24, paragraph 2, of the Dutch Civil Code.
3. Celebration Brownie is not liable for and/or obliged to repair damage caused by the use of the Product. Celebration Brownie provides strict maintenance and usage instructions that the Buyer must follow. Any damage to Products resulting from wear and use is expressly excluded from liability (including wear and tear, damage from use, falls, light and water damage, theft, loss, etc.).
4. Celebration Brownie is not liable for damage that is or may be the result of any action or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Celebration Brownie is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
6. Celebration Brownie does not guarantee the correct and complete transfer of the content from and by/on behalf of Celebration Brownie sent the email, nor for its timely receipt.
7. All claims of Buyer due to failure on the part of Celebration Brownie will be forfeited if it is not reported to Celebration in writing and with reasons. Brownie within one year after the Buyer became aware or could reasonably have become aware of the facts on which they base their claims. All claims by the Buyer shall expire in any case one year after the termination of the Agreement.
8. Celebration Brownie is not liable for personal injury caused by allergens.
9. Celebration Brownie is not liable for personal injury to pets. If a pet is present at the specified address, the Buyer must always notify the buyer in a timely manner that a letterbox containing chocolate is on its way from Celebration Brownie. This is because some
Ingredients in the Goods (such as chocolate) may be toxic to dogs, cats, and other pets. Celebration Brownie will not be liable if the Buyer fails to do so.
10. The Buyer can add a text for a personal card and personal oval card
Deliver Celebration Brownie. This will be delivered along with the products. The Buyer must include the text for this card and oval card with the order. Any errors due to incorrect text or address submission by the Buyer are the Buyer's own risk.
11. Celebration Brownie cannot be held liable for delays in delivery caused by third parties such as couriers, nor can Celebration Brownie be held liable for any (transport) damage.
12. To submit a change, the Buyer must contact Celebration Brownie as soon as possible. This can be done by email or via the contact form on the website.
Celebration Brownie cannot guarantee that the order can be changed once the package has already been shipped.
Article 15 - Force Majeure
1. Celebration Brownie shall not be liable if it is unable to fulfil its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not its fault and for which it is not responsible under the law, legal act or generally accepted views.
2. Force majeure is in any case understood to mean, but is not limited to, what is understood in law and case law, (i) force majeure of suppliers of Celebration Brownie , (ii) the failure to properly fulfill obligations of suppliers supplied by Buyer to Celebration Brownie are prescribed or recommended, (iii) defects in goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of internet, data network and telecommunications facilities (for example due to: cybercrime and hacking ), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes in Celebration 's company Brownie and (xi) other situations that in Celebration 's opinion Brownie is faced with circumstances beyond its sphere of influence that temporarily or permanently prevent it from fulfilling its obligations.
3. Celebration Brownie has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Celebration Brownie should have fulfilled her commitment.
4. The parties may suspend their obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, either party is entitled to terminate the Agreement without any obligation to compensate the other party for damages.
5. As far as Celebration If Brownie has partially fulfilled its obligations under the Agreement at the time when force majeure occurs or will be able to fulfil them, and the part that has been fulfilled or is yet to be fulfilled has independent value, Celebration is entitled to Brownie is entitled to invoice separately for the part already fulfilled or yet to be fulfilled. The buyer is obligated to pay this invoice as if it were a separate agreement.
Article 16 - Transfer of Risk
The risk of loss or damage to the Products subject to the Agreement shall always be ex-works, even if otherwise indicated.
Article 17 - Intellectual Property Rights
1. All intellectual property rights and copyrights of Celebration Brownie is exclusively owned by Celebration Brownie and will not be transferred to Buyer.
2. The Buyer is prohibited from copying any items on which Celebration 's intellectual property rights and copyrights are protected. Brownie may not be disclosed and/or reproduced, modified or made available to third parties without the express prior written consent of Celebration Brownie . If Buyer wishes to make changes to Celebration Brownie delivered goods, Celebration Brownie to explicitly agree to the proposed changes.
3. The Buyer is prohibited from selling the Products on which Celebration 's intellectual property rights exist. Brownie may not be used in any way other than as agreed in the Agreement.
Article 18 - Privacy, data processing and security
1. Celebration Brownie handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Celebration will Brownie informs the person concerned about this.
2. If Celebration If Brownie is required to provide for information security under the Agreement, such security will comply with the agreed specifications and a level of security that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.
Article 19 - Complaints
1. If Buyer is not satisfied with the Celebration Products If the Buyer has any complaints about the (performance of) the Agreement, the Buyer is obligated to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be submitted in writing with the subject line "Complaint".
2. The complaint must be sufficiently substantiated and/or explained by the Buyer if Celebration Brownie can handle the complaint.
3. Celebration Brownie will respond to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will attempt to reach a solution together.
5. If you have a complaint, you can contact us by email or using the contact form on the Celebration Brownie website. The buyer must report the complaint as soon as possible after discovering the defect(s), submitting the complaint fully and clearly to the Seller. In the event of a complaint, a photo of the delivered product will be requested to assess the complaint.
Article 20 - Applicable law
1. Any Agreement between Celebration Dutch law applies to Brownie and Koper. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
2. In the event of any interpretation of the content and scope of these general terms and conditions, the Dutch text shall always prevail. Celebration Brownie has the right to unilaterally amend these terms and conditions.
3. All disputes arising from or in connection with the Agreement between Celebration Brownie and Buyer shall be settled by the competent court of Rotterdam , unless mandatory provisions of law designate another competent court.
Rotterdam , April 11, 2025