5th Season Fruit B.V., with its registered office at Kingsfordweg 151, 1043 GR Amsterdam, Chamber of Commerce number: 81364679, is referred to as “5th Season” in these general terms and conditions.
The other party of 5th Season is referred to in these general terms and conditions as the “Purchaser”.
1.1 These general terms and conditions apply exclusively to all quotations, orders and agreements concluded between the Purchaser and 5th Season.
1.2 The Purchaser can only invoke deviating and/or additional stipulations if and insofar as these have been expressly accepted by 5th Season.
1.3 The Purchaser with whom a contract has once been concluded on these terms and conditions, accepts the applicability of these terms and conditions to subsequent agreements between him/her and 5th Season.
2 CONCLUSION OF AGREEMENT
2.1 A purchase agreement is concluded between 5th Season and the Purchaser when the Purchaser accepts an offer from 5th Season by completing the form requested by 5th Season completely and correctly.
3.1 5th Season reserves the right to change the prices of the products it offers in service form during the term of the service, whereby 5th Season will inform the Purchaser at least 14 days in advance and the Purchaser has the option of canceling the service within 7 dayswithout the Purchaser being obliged to pay any compensation.
3.3 Promotions and offers are valid as long as stocks last.
3.4 A 5th Season discount code is intended to recruit new paying customers from your own direct circle (through word of mouth, social media and/or e-mail). 5th Season discount codes may not be used for commercial purposes and/or purposes other than those for which they were issued. In addition, it is under no circumstances allowed to use the brand name 5th Season and all possible combinations of misspellings within url combinations and thereby attract traffic that is used to distribute the discount code.
3.5 Every (attempted) fraud or other unauthorized act is registered and results in the use of discount codes being denied. 5th Season reserves the right to retroactively settle the discount obtained and the accumulated credit.
4.1 For payment, the Purchaser can only use the payment options offered by 5th Season.
4.2 By making the first payment for a subscription via iDeal on the 5th Season website, the Purchaser gives 5th Season permission to also collect future payments from the relevant account number.
4.3 Payment takes place no later than 14 days after a purchase agreement has been concluded. Periodic payment is made prior to each delivery.
4.4 In the event of late payment, for example due to reversal of the debited amounts or due to insufficient balance on the account concerned, an amount of 2,50 pounds may be charged.
4.5 If payment after the first reminder is not made within the term set therein, 5th Season is entitled to unilaterally terminate the subscription with immediate effect, without prejudice to the right to compensation and the right to collect overdue payments and to recover the associated collection costs from the Purchaser.
4.6 Invoices and payment reminders are exclusively offered electronically by 5th Season.
4.7 The amount to be collected by 5th Season is equal to the amount of the order placed by the Purchaser.
4.8 If the amount to be collected changes due to a change during the term of the subscription, an increase or a reduction, 5th Season will retain the right to direct debit until the subscription is terminated.
5 TERMINATION OF CONTRACT
5.1 The Purchaser can temporarily interrupt the agreement at any time, change or cancel the subscription types offered by 5th Season with due observance of the agreed notice period for the next delivery. delivery have been processed.
6 DELIVERY, DELIVERY TIME AND EXECUTION
6.1 5th Season delivers anywhere in the United Kingdom, Scotland and Ireland.
6.2 Delivery is made to the address specified with the order. Depending on the size of the order, delivery costs may be charged to the Purchaser.
6.3 The Purchaser(i.e. the person to whom the shipment is sent) will be the declarant and importer in the country for which the shipment is destined.
6.4 Delivery is only possible on the days indicated by 5th Season.
6.5 5th Season delivers to the address that you have specified as the delivery address in your customer account on our website. If you want to change the delivery address and it crosses a waiting delivery, it will be processed at the latest before the next delivery.
6.6 If the personal transfer of the products is not possible, the agreement can be fulfilled by offering the products at neighbors or at the nearest collection point
6.7 If the products have not yet been paid for at the time of the personal transfer, conf. paragraph 4, 5th Season retains title until the purchase price is paid in full.
7.1 When purchasing products, the Purchaser has the option to dissolve the agreement during 14 days without stating reasons. This reflection period starts on the day after receipt of the order.
7.2 During the reflection period, the Purchaserwill handle the product and the packaging with care. The orderer will only unpack the products to the extent necessary to assess whether he wishes to keep the product. If the customer makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to 5th Season in accordance with the instructions given by 5th Season.
7.3 An order can be returned to the following address: Fodabox attn. 5th Season Fruit, Unit 10, Quadrant Park, Welwyn Garden City, AL7 1FS, UNITED KINGDOM.
7.4 The costs of return are for the account of the Purchaser.
7.5 If the Purchaser has already paid for the products, 5th Season will refund the payment to the Purchaser within 30 days after the products have been returned.
8 DATA PROTECTION
8.1 When processing an order, we process the personal data of the Purchaser. We use a privacy statement to inform the Purchaser about what happens with his or her data.
9 WARRANTY AND LIABILITY
9.1 5th Season only guarantees that the products it supplies are suitable for the purpose for which they are intended on the basis of the information provided by 5th Season and guarantees that the products comply with any legal obligations and other government regulations that apply to that purpose of use.
9.2 5th Season guarantees that the products and services it supplies are produced or delivered with respect for people and the environment.
10.1 5th Season reserves the right to change these terms and conditions at any time. It is recommended that you regularly consult these general terms and conditions
11.1 If the Orderer does not fulfill its obligations under this agreement, 5th Season has the choice to: a. give the Purchaser the opportunity to still fulfill its obligations within a period set by 5th Season; b. to dissolve the agreement in whole or in part without prior warning; 5th Season reserves the right at all times, in addition to dissolving the agreement, to recover full compensation for all damage and costs from the Purchaser.
12 DISPUTES AND APPLICABLE LAW
14.1 Dutch law applies to all obligations between 5th Season and the Purchaser.
14.2 The District Court in Amsterdam has exclusive jurisdiction to hear any disputes between 5th Season and the Purchaser, arising from or otherwise related to the agreement.
Amsterdam, February 2022