Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

  • Reflection time: The period within which the consumer can exercise his right of withdrawal.
  • Consumer: Natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with Resto 9.
  • Day:
  • Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
  • Durable Data Carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
  • Right of Withdrawal: The possibility for the consumer to waive the distance contract within the cooling-off period.
  • Model form: The model withdrawal form provided by Resto 9 that a consumer can complete when he wants to exercise his right of withdrawal.
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
  • Remote Agreement: an agreement whereby, within the framework of a system organized by Resto 9 for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  • Technology for remote communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having met simultaneously in the same room.
  • Terms and Conditions: the present General Terms and Conditions of Resto 9.

Article 2 - Corporate Identity

Company name: RESTO 9

Address: Antelope Street 4

Postcode/Location: 4817LC Breda

Chamber of Commerce number: 56625243

Article 3 - Applicability

These general terms and conditions shall apply to all offers made by Resto 9 and to all distance contracts and orders concluded between Resto 9 and the customer. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the agreement at a distance is concluded, it shall be indicated that the general terms and conditions can be consulted at Resto 9 and that, at the consumer's request, they shall be sent free of charge as soon as possible.

sent. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

If one or more provisions in these general conditions at any time are invalid or annulled in whole or in part, the remainder of the agreement and these conditions will remain in effect and the provision in question will be replaced without delay in mutual consultation by a provision that approaches the meaning of the original provision as closely as possible.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer. The offer shall be free of obligation. Resto 9 shall be entitled to amend and adapt the offer. The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Resto 9 uses images these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not be binding on Resto 9. All images, specifications and data in the offer are indicative and may not be grounds for compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • The price (Including VAT)
  • Possible shipping costs
  • The way in which the agreement will be established and what actions are required for this purpose
  • the applicability or otherwise of the right of withdrawal
  • the method of payment, delivery and performance of the agreement
  • the period for accepting the offer, or the period within which Resto 9 guarantees the price
  • the level of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used
  • whether the contract is archived after its conclusion, and if so, in what way it can be consulted by the consumer
  • the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them
  • any other languages, besides Dutch, in which the agreement may be concluded
  • the codes of conduct to which Resto 9 has submitted and the way in which the consumer can consult these codes of conduct electronically;
  • The minimum duration of the distance contract in the case of an enduring transaction.

Article 5 - Offers & Actions

Offers are without obligation unless otherwise stated in the offer.

Should the buyer accept a non-binding offer, Resto 9 shall retain the right to withdraw or deviate from the offer within a period of 3 working days following receipt of said acceptance. Oral commitments shall only be binding on Resto 9 after they have been expressly confirmed in writing. Offers made by Resto 9 shall not automatically apply to repeat orders. Resto 9 shall not be bound by its offer if the buyer ought to have understood that the offer, or a part thereof, contained an obvious mistake or clerical error. Supplements, amendments and/or further agreements shall only be valid if agreed in writing.

Article 6 - Agreement

The agreement shall be concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions laid down. If the consumer has accepted the offer electronically, Resto 9 shall immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the agreement of this acceptance has not been confirmed by Resto 9, the consumer may dissolve the agreement. An agreement between Resto 9 and a customer shall be concluded after an order assignment has been assessed for feasibility by Resto 9. Resto 9 reserves the right not to accept orders or commissions without giving reasons, or to accept them only on condition that they are sent C.O.D. or following prepayment.

If the agreement is concluded electronically, Resto 9 shall take appropriate technical and organisational measures to safeguard the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, Resto 9 shall observe appropriate safety measures for this purpose.

Resto 9 may, within the limits of the law, ascertain whether the consumer is able to meet his payment obligations, as well as all those facts and factors which are important for the responsible conclusion of the distance contract. If, based on this examination, Resto 9 has sound reasons for not concluding the agreement, it shall be entitled to refuse an order or application or to attach special conditions to its execution.

Resto 9 shall enclose with the product or service provided to the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  • The visiting address of Resto 9's establishment to which consumers can address complaints;
  • The conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
  • The information about warranties and existing after-purchase service;
  • the data listed in Article 4(3) of these terms and conditions, unless Resto 9 has already provided the consumer with these data prior to the execution of the agreement;
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  • In the case of an enduring transaction, the provision in the previous paragraph shall apply only to the first delivery.
  • Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 7 - Right of withdrawal

When delivering products: When purchasing products, the consumer has the opportunity to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to Resto 9.

During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to Resto 9 with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Resto 9.

When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Resto 9 within 14 days of receiving the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of posting.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to Resto 9, the purchase shall be deemed to have been made.

Article 8 - Costs of withdrawal

If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of return shipment. If the consumer has paid an amount, Resto 9 will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to a different payment method. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product. The consumer cannot be held liable for any reduction in the value of the product if Resto 9 has not provided all the legally required information about the right of withdrawal, this must be done prior to the conclusion of the purchase agreement.

Article 9 - Exclusion of right of withdrawal

Resto 9 may exclude the consumer's right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if Resto 9 has clearly stated this in the offer, or at least in good time prior to the conclusion of the agreement.

Exclusion of the right of withdrawal is possible only for products:

  • Which have been created by Resto 9 in accordance with the consumer's specifications;
  • Which are clearly personal in nature;
  • Which by their nature cannot be returned;
  • Whose price is subject to fluctuations in the financial market over which Resto 9 has no influence;
  • For products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • Of which delivery has begun with the express consent of the consumer before the cooling-off period has expired

Article 10 - The price

During the validity period mentioned 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, legal measures or if the manufacturer introduces interim price increases. All prices on the site are in Euros and include 21% VAT.

Notwithstanding the previous paragraph, Resto 9 may offer products or services whose prices are subject to fluctuations on the financial market over which Resto 9 has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices shall be stated with the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if Resto 9 has stipulated it and:

  • they are the result of statutory regulations or provisions; or
  • the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  • The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability shall be accepted for the consequences of misprints and typesetting errors. In case of misprints Resto 9 is not obliged to deliver the product according to the incorrect price.

Article 11 - Conformity and warranty

Resto 9 guarantees that the products and/or services comply with the agreement, with the specifications listed in the offer, with reasonable requirements of reliability and/or usability and with the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, Resto 9 shall also ensure that the product is suitable for other than normal use.

An arrangement offered as a guarantee by the trader, manufacturer or importer shall not affect the rights and claims the consumer may exercise against the trader in respect of a shortcoming in the fulfilment of the trader's obligations under the law and/or the distance contract.

The buyer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered goods are wrong, faulty or incomplete, the buyer must (before proceeding to return them) immediately notify Resto 9 of these defects in writing. Any defects or faulty goods delivered should and can be reported in writing to Resto 9 up to a maximum of 2 months after delivery. Goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. The right to complain and return lapses completely when the goods are used after the discovery of the defect, or damaged after the discovery of the defect, or when they are encumbered and/or resold after the discovery of the defect.

If Resto 9 finds that the buyer's complaints are justified, Resto 9 shall, at its own discretion, either replace the delivered goods free of charge or agree with the buyer on a written settlement regarding the compensation for damages, on the understanding that Resto 9's liability and, as such, the amount of compensation shall in all cases be limited to a maximum of the amount of the invoice for the goods in question, or (at Resto 9's discretion) to the maximum amount covered by Resto 9's liability insurance in the case in question. All liability of Resto 9 for any other form of loss or damage shall be excluded, including supplementary compensation in whatever form, compensation for indirect or consequential loss or damage due to loss of profit.

Resto 9 shall not be liable for damage caused by intent or equivalent deliberate recklessness on the part of non-managerial staff.

This guarantee shall not apply if: A) and as long as the buyer is in default towards Resto 9; B) the buyer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to Resto 9's instructions and/or the instructions for use included on the packaging; D) the inadequacy is wholly or partially the result of regulations laid down or to be laid down by the government regarding the nature or quality of the materials used.

It can always happen that something doesn't quite go as planned. We advise you to first make complaints known to us by sending an email to info@resto9.nl. If this does not lead to a solution, it is possible to register your dispute for mediation through Stichting WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil. As of February 15, 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being handled elsewhere then you are free to file your complaint via the platform of the European Union.

Article 12 - Delivery and execution

Resto 9 shall take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services. The place of delivery shall be the address notified by the consumer to the company.

Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumers have agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any deadlines mentioned. Exceeding a term does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, Resto 9 shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product proves impossible, Resto 9 shall make every effort to provide a replacement item. The fact that a replacement product is being supplied shall be stated clearly and intelligibly, at the latest upon delivery. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by Resto 9.

The risk of damage and/or loss of products shall be borne by Resto 9 until the moment of delivery to the consumer or a representative designated in advance and made known to Resto 9, unless expressly agreed otherwise.

Article 13 - Duration transactions: duration, termination and renewal

Notice

The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.

The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.

The consumer may enter into the agreements mentioned in the previous paragraphs:

  • terminated at any time and shall not be limited to termination at any particular time or in any particular period;
  • at least terminate in the same manner as they were entered into by him;
  • always terminate with the same notice period as Resto 9 has stipulated for itself.

Extension

A contract entered into for a definite period of time and which aims to regularly deliver products or services may not be tacitly extended or renewed for a definite period of time.

Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed contract towards the end of the extension with a notice of up to one month.

A contract entered into for a definite period of time and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice of not more than one month and a notice of not more than three months in case the contract extends to the regular, but less than once a month.

A limited duration agreement is not tacitly continued and ends automatically upon expiration.

Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.

Article 14 - Delivery 

Delivery takes place as long as stocks last. Within the framework of the rules of distance selling, Resto 9 will carry out orders at least within 30 days. If this is not possible (because the goods ordered are out of stock or no longer available), or if there is a delay for other reasons, or if an order cannot be fulfilled either at all or only partially, the consumer shall be informed within 1 month of placing the order and shall in that case be entitled to cancel the order without any costs or notice of default. Resto 9's obligation to deliver shall be deemed to have been met, in the absence of proof to the contrary, as soon as the goods delivered by Resto 9 have been offered to the buyer once. In the case of home delivery, the report of the transporter, containing the refusal of acceptance, shall serve as full proof of the delivery offer. All periods mentioned on the website are indicative. No rights can therefore be derived from the periods stated.

Article 15 - Payment

Unless otherwise agreed, the amounts due by the consumer shall be paid directly via the online payment methods available on the web shop. The consumer is obliged to report any inaccuracies in payment data provided or stated immediately to Resto 9. In the event of non-payment on the part of the consumer, the entrepreneur shall be entitled, subject to statutory limitations, to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 16 - Complaints procedure

Resto 9 shall have a sufficiently publicised complaints procedure and shall deal with the complaint in accordance with this complaints procedure. Complaints about the execution of the agreement must be lodged with Resto 9 within 2 months, fully and clearly described, after the consumer has noted the defects.

Complaints submitted to Resto 9 shall be answered within a period of 14 days from the date of receipt. In the event that a complaint requires a foreseeably longer processing time, Resto 9 shall reply within the period of 14 days with a notice of receipt and an indication of when the consumer may expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In the event of complaints, a consumer should first of all contact Resto 9. It is also possible to register complaints via the European ODR platform. A complaint shall not suspend Resto 9's obligations, unless Resto 9 indicates otherwise in writing. If Resto 9 finds that a complaint is justified, it shall, at its own discretion, either replace or repair the products supplied free of charge.

Article 17 - Disputes

Agreements between Resto 9 and consumers to which these general terms and conditions apply shall be governed exclusively by Dutch law. Even if the consumer is resident abroad. The Vienna Sales Convention shall not apply. Disputes resulting from an agreement between Resto 9 and the buyer which cannot be solved by mutual agreement shall be settled by the competent court in the district of Breda, unless Resto 9 prefers to submit the dispute to the competent court in the buyer's place of residence, with the exception of disputes falling under the competence of the cantonal judge.

Article 18 - Force Majeure

In these general terms and conditions, force majeure shall be taken to mean, in addition to the legal definition and interpretation of the term, all external causes, foreseen or unforeseen, over which Resto 9 has no control, but which prevent Resto 9 from meeting its obligations.

This shall include strikes at the company of Resto 9 or third parties. Resto 9 shall also be entitled to invoke force majeure if the circumstance preventing (further) fulfilment of the agreement occurs after Resto 9 should have fulfilled its obligation.

Resto 9 shall not be obliged to fulfil any obligation towards the customer if it is prevented from doing so as a result of a circumstance that is not due to fault, and which is not for its account pursuant to the law, a juristic act or generally accepted practice.

Resto 9 may suspend its obligations under the agreement during the period of force majeure. If this period lasts longer than two months, either party shall be entitled to dissolve the agreement without any obligation to pay the other party damages.

Insofar as Resto 9 has already partially fulfilled its obligations arising from the agreement or shall be able to fulfil them when the situation of force majeure arises, and insofar as independent value can be attributed to the part already fulfilled or still to be fulfilled respectively, Resto 9 shall be entitled to invoice the part already fulfilled or still to be fulfilled respectively. The customer shall be obliged to settle this invoice as if it were a separate agreement.

Article 19 - Liability

Should Resto 9 be liable, then this liability shall be limited to the stipulations of the present article. Resto 9 shall not be liable for losses, of whatever nature, resulting from the fact that Resto 9 has operated on the basis of incorrect and/or incomplete data provided by or on behalf of the customer. Resto 9 shall never be liable for indirect losses, including consequential losses, loss of profits, lost savings and losses due to business stoppages. Should Resto 9 be liable for any kind of loss, then its liability shall be limited to a maximum of the costs charged over the last 12 months, up to a maximum of that part of the order to which the liability relates.

Resto 9 is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website.

Resto 9 shall not be liable for any changes to the intellectual property of third parties made available to the customer through Resto 9. In providing its services, Resto 9 uses products and/or services from third parties.

Resto 9 shall not be liable for the possible consequences of events occurring at these third parties, over which Resto 9 has, or can exercise no influence. Resto 9 shall not be liable in any way for price changes implemented by third parties. These changes are implemented without informing Resto 9.

Article 20 - Retention of title

The ownership of all goods sold and delivered by Resto 9 to the buyer shall remain vested in Resto 9 for as long as the buyer has not paid any amounts due to Resto 9 pursuant to the agreement or previous or subsequent similar agreements, for as long as the buyer has not paid any amounts due for work carried out or to be carried out under such agreements or similar agreements and for as long as the buyer has not paid any amounts due to Resto 9 on account of failure to fulfil such obligations, including claims in respect of penalties, interest and costs, all as referred to in article 3:92 DUTCH CIVIL CODE.

The goods delivered by Resto 9 and covered by the reservation of ownership may only be sold on within the framework of normal business operations and may never be used as a means of payment.

The customer is not authorized to pledge or in any other way encumber the goods falling under the retention of title.

The buyer hereby unconditionally and irrevocably authorises Resto 9 or a third party to be appointed by Resto 9, in all cases where Resto 9 wishes to exercise its property rights, to enter all those places where its property will be located and to take the goods with it.

If third parties seize goods supplied subject to reservation of ownership or wish to establish or assert rights over them, the buyer shall be obliged to inform Resto 9 thereof as soon as may reasonably be expected.

The buyer undertakes to insure and keep insured the goods delivered under reservation of ownership against fire, explosion and water damage as well as against theft and to make the insurance policy available for inspection by Resto9 on first demand.

Article 21 - Indemnification

The customer shall indemnify Resto 9 against all claims from third parties who incur losses in connection with the execution of the agreement and which are not attributable to Resto 9. Should Resto 9 be sued by a third party for this reason, the customer shall be obliged to assist Resto 9, both extra-judicially and judicially, and to do without delay all that may be expected of him in such a case.

Should the customer fail to take adequate measures, Resto 9 shall be entitled to do so itself without notice of default. All costs and losses incurred by Resto 9 and third parties as a result shall be entirely at the customer's expense and risk. The customer shall be obliged to indemnify Resto 9 against, or to hold Resto 9 harmless from, all claims for compensation from third parties, to the exclusion of Resto 9's liability.

Article 22 - Images & specifications

All images; photographs, drawings etc.; including data relating to weights, dimensions, colors, pictures of labels etc. on the Resto 9 internet site are approximate only, are indicative and may not be used as a reason for compensation or dissolution of the agreement.

Article 23 - Data management

If you place an order with Resto 9 your data will be included in the customer database of Resto9. Resto 9 adheres to the Personal Data Registration Act and will not provide your data to third parties. See our Privacy Policy. Resto 9 respects the privacy of the users of the internet site and ensures the confidential treatment of your personal data.

Article 24 - Disclaimer

 Limited Liability

Resto 9 makes every effort to update and/or supplement the content of the Website as often as possible. Despite this care and attention, it is possible that the content is incomplete and/or incorrect. The materials offered on the Website are provided without any form of guarantee or claim to accuracy. These materials may change at any time without prior notice from Resto 9. In particular, all prices on the website are subject to typing and programming errors. No liability will be accepted for the consequences of such errors. No agreement shall be concluded on the basis of such errors. Resto 9 shall in no circumstances accept liability for hyperlinks to third-party websites or services on the web site.

Copyright

All intellectual property rights on these materials belong to Resto 9. Copying, distributing and any other use of these materials is not allowed without the written permission of Resto 9, except and only as far as determined otherwise in regulations of imperative law (such as the right to quote), unless otherwise indicated for specific materials.

Article 25 - Additional or different provisions

Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.