Article 1 – Definitions.

In these terms and conditions, the following definitions shall apply:

1. Consumer: The natural person who is not acting for purposes related to his trade, business, craft or profession;
2. Day: calendar day;
3. Entrepreneur: CrawFish Farm Holland BV, offering products to consumers through a distance contract;
4. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, where up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
5. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 – Identity of the entrepreneur

CrawFish Farm Holland B.V.

Production location; Kortenoord 63, Nieuwerkerk aan den IJssel;

Mailing address: Westeinde 143, 2841 BR Moordrecht;

Phone number: 0613089727 (Monday through Friday, 9 a.m. to 5 p.m.).

Email address: info@cffh.nl

Chamber of Commerce number: 9546 7645

Article 3 – Applicability.

1. These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer digitally via the website.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a generic representation of the products offered, which may not reflect the exact species of crayfish. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

Article 5 – The Agreement

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The visiting address of the establishment of the entrepreneur to which the consumer can address complaints is the production location mentioned in Article 1;
6. The price including all taxes of the product; where applicable, the cost of delivery, and the method of payment, delivery or performance of the distance contract will be confirmed to the consumer by email after completion of the order by the entrepreneur.

Article 6 – Right of withdrawal excluded

The products sold by the entrepreneur have a very limited shelf life. For this reason, no right of withdrawal applies.

Article 7 – The price

1. 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.
2. The prices mentioned in the offer of products or services include VAT.

Article 8 – fulfillment of agreement
The entrepreneur guarantees that the products comply with the agreement. The entrepreneur does not guarantee the size of the crayfish delivered.

Article 9 – Delivery and execution

1. The entrepreneur will take the utmost care when receiving and executing orders for products.
2. The place of delivery is the entrepreneur’s production location.
3. Subject to what is stated about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 10 days, unless another delivery period has been agreed.
4. If the entrepreneur has insufficient crayfish in stock to fulfill the order, he has the right to cancel the order by rescinding the agreement. He will notify the consumer by email.
5. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery from the entrepreneur’s production location, unless expressly agreed otherwise. If the delivery includes live crayfish, the consumer accepts the risk that part of delivered crayfish may not survive transport.

Article 10 – Payment

1. Unless otherwise provided in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid during the ordering process. In exceptional cases, payment on delivery is possible by appointment.
2. If the consumer does not timely fulfill his payment obligation(s), he is, after he has been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the lack of payment within this 14-day period, on the amount still owed, the consumer owes the legal interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of:
   a. 15% on outstanding amounts up to €2,500;
   b. 10% over the subsequent €2,500.=
   c. 5% over the next €5,000.=;
   and amount to a minimum of €40.

Article 11 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.
   
   Article 12 – Disputes.

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.