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Terms and Conditions

General Terms and Conditions HemNature

HemNature's general terms and conditions consist of two parts:

Part I: the Terms and Conditions HemNature
Part II: the Additional Terms and Conditions HemNature

  1. I. Terms and Conditions HEMNATURE

Table of contents:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different provisions
Article 19 – Amendment of the General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection time: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
  7. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that prevents future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made of one or more remote communication techniques;
  11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions; Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
  12. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 – Identity of the entrepreneur

Hemdogal (Hem Nature)

Art of the Leeuwstraat 9

1064BT Amsterdam

 

Chamber of Commerce 77977157

E-mail address: info@hemdogal.com

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. 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 indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  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 can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services 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 true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
  5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about warranties and existing after-sales service;
  • the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
  • the requirements for terminating the agreement if the agreement 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.
  1. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

  1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
    • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
    • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
    • in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not provided on a tangible medium:

  1. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium during 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If Hemdogal indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.
  6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur a an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
  7. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
  • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
  • the consumer has not expressly requested the commencement of the performance of the service or the delivery of gas, water, electricity or district heating during the reflection period.
  1. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
  • he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period prior to its delivery;
  • he has not acknowledged to lose his right of withdrawal when granting his consent; or
  • the entrepreneur has failed to confirm this statement from the consumer.
  1. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9– Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receiving this notification.
  2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
  2. Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
  • the execution has started with the express prior consent of the consumer; and
  • the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
  1. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements; 
  2. Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
  3. Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
  4. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  5. Products that spoil quickly or have a limited shelf life;
  6. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  7. Products that are irrevocably mixed with other products after delivery by their nature;
  8. Alcoholic drinks, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
  9. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  10. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  11. The supply of digital content other than on a tangible medium, but only if:
  • the execution has started with the express prior consent of the consumer; and
  • the consumer has declared that he loses his right of withdrawal.

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can 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. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  • they are the result of statutory regulations or provisions; or
  • the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  1. The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and extra guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
  3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .

Article 13 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension

Cancellation:

  1. The consumer can cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at least maximum one month.
  3. The consumer can conclude the agreements referred to in the previous paragraphs:
  • cancel at any time and are not limited to cancellation at any particular time or period;
  • at least cancel in the same way as they entered into by him;
  • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
  2. Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer opposes this extended contract. can cancel the end of the extension with a notice period of no more than one month.
  3. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 15 – Payment

  1. Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. Hemdogal requires payment when placing an order. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
  4. If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  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 foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or different provisions

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

Article 19 – Amendment of the General Terms and Conditions

Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

 

 

Annex I: Model withdrawal form

 

 

Model withdrawal form

 

(only complete and return this form if you wish to revoke the agreement)

 

On:   

 

Hemdogal

Art of the Leeuwstraat 9

1064BT Amsterdam

 

Chamber of Commerce 77977157

E-mail address: info@hemdogal.com

 

I/We* hereby give notice that I/we* revoke our agreement concerning the sale of the following products: [product designation]

 

Ordered on (DD-MM-YYYY):

Order number:

Received on (DD-MM-YYYY):

Name(s) consumer(s):

Address consumer(s):

IBAN bank account:

Signature of consumer(s) (only when this form is submitted on paper): Date (DD-MM-YYYY):

 

[Signature consumer(s)] (only when this form is submitted on paper)

 

 

  • Strike out what is not applicable or fill in what is applicable.

 

 

  1. Additional Terms and Conditions HEMDOGAL

 

The above General Terms and Conditions (hereinafter: the “Conditions under I”) apply to orders for groceries via Hemdogal's webshop/applications. Furthermore, for the use of the webshop/applications and in addition to the Conditions under I, these additional Hemdogal General Conditions (hereinafter: the “Hemdogal Conditions”) as set out below apply. If Hemdogal's Additional Terms and Conditions differ from or conflict with the Conditions under I, the Hemdogal Conditions will prevail.

Article 1 – Definitions

In addition to the definitions in the Conditions under I, the following definitions mean the following:

  • Hemdogal Terms: these Hemdogal conditions that apply in addition to the Conditions under I; 
  • Applications: Hemdogal's applications with which it is possible to use the Platform; 
  • Intellectual property rights: all intellectual property rights and related rights, such as copyright, trademark right, patent right, design right, trade name right, database right and neighboring rights, as well as rights to know-how; 
  • My Hemdogal Account: the account you created; 
  • Pick up point: location where the order can be picked up;
  • Privacy Statementst: Hemdogal's privacy statement; 
  • Conditions under I: the general terms and conditions, as described above under I; 

Article 2 – Create My Hemdogal Account

  1. You can create the Hemdogal account free of charge via the website www.hemdogal.com. In order to make full use of the Website and/or the Applications, you must create a My Hemdogal Account. 
  2. You guarantee that the information you provide in the context of creating your My Hemdogal Account is correct and complete and that you will update it to keep it correct and complete.
  3. You are responsible for keeping the login details for the My Hemdogal Account confidential. You are therefore liable for all use that is made as a result of acts and/or omissions attributable to you via the My Hemdogal Account of the Website and/or Applications. As soon as you know or have reason to suspect that My Hemdogal Account has come into the hands of unauthorized persons, you must inform Hemdogal immediately, without prejudice to your own obligation to immediately take effective measures yourself, such as changing your password. Hemdogal is not liable for damage in any way arising from or related to unauthorized use of the My Hemdogal Account, unless this damage is the result of circumstances attributable to Hemdogal. 
  4. Obvious mistakes or errors in the offer do not bind Hemdogal. 

Article 3 – Order

  1. Hemdogal does not apply a minimum order amount when placing an order. The amounts on the website do not include any delivery costs, service costs and deposits.
  2. Hemdogal offers you the possibility to choose within which time period you want to collect your order or have it delivered. There may be costs associated with reserving a certain period of time, which costs are clearly stated on the Website. 
  3. If pick-up is chosen, orders can be collected from the selected Pick-up Point within the agreed time period. If you do not pick up a placed order or do not pick it up in time at the Pick-up Point you have chosen, the order will be cancelled.
  4. If you have opted for delivery, the order will be delivered to the address specified by you within the agreed time period. The delivery costs stated on the Website may apply to the delivery. Hemdogal makes every effort to deliver at that time, or at least within the agreed time period. Hemdogal cannot be held liable for non-delivery or late delivery of the order.
  5. If you are unable to receive the delivery within the relevant time period, Hemdogal will contact you to make a new appointment. Hemdogal reserves the right to cancel orders if they cannot be delivered to the specified address, for example because you are not at home and/or a new delivery appointment cannot be made.
  6. If the provision (delivery) of your order is made to you by a third party, this has a liberating effect for Hemdogal, meaning that Hemdogal has thereby fulfilled its obligation to deliver your order. 
  7. If you do not pick up an order you have placed or do not pick it up in time at the Pick Up Point of your choice, the order will be canceled by Hemdogal. Hemdogal reserves the right to temporarily or permanently block and/or delete your My Hemdogal Account. 
  8. You can view previous orders placed by you in your My Hemdogal Account. 
  9. If you want to cancel an order, you can do so up to 3 hours after placing an 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 for reasons of health protection or hygiene and whose seal has been broken after delivery cannot be returned. It concerns the following products: foodstuffs, personal care & cosmetics, cleaning products and products that fall under the category Mama & Baby.

Article 5 – Payment

You must pay the amounts owed to Hemdogal as a result of an online order using the payment methods as stated on the Website. Payments must be made immediately so that the order can be completed.

Article 6 – Pricing Policy

  1. Hemdogal does its utmost to show the correct prices. However, it is possible that prices of products are displayed incorrectly. In principle, the prices that are shown when you place an order are leading. However, in a number of cases mentioned below, the price when collecting and/or delivering products may deviate (slightly) from the price at the time of the order.
  2. When you order products that have to be weighed, it is possible that the final price of the weighed product will be (slightly) higher or lower than the price indicated at the time you place the order. In such a case, the actual price will be charged upon collection. 
  3. Promotional prices apply during the indicated period. To take advantage of a promotion, the time of collection and/or delivery must fall within the promotion period. If you choose a time of collection and/or delivery that falls after the promotion period, the promotion no longer applies and the normal price will be charged when placing the order. Conversely, a promotion that is valid at the time of collection and/or delivery will be included in the final price. 
  4. For all products, you pay the price that the item costs at the time of placing your order and as indicated on the invoice.
  5. For promotions, OP = OP. There is also the possibility that certain actions are subject to restrictions with regard to the amount of products that can be purchased. For Op=op promotions, while stocks last.
  6. 2nd half price means 25% discount on the total price of two products, 1+1 free: 50% discount on the total price of two products, 2+1 free: 33.34% discount on the total price of three products, 3+ 1 free is 25% off the total price of 4 products. 
  7. Some promotions have a limit on the number of products you can order. You will automatically receive a notification in the app as soon as you have added the maximum number of products to your basket.
  8. All discount codes you get from Hemdogal are for personal use unless otherwise stated. The discount codes can be used once.

Article 7 – Food specifications

Hemdogal does its utmost to provide this information in a correct manner with the relevant products, which may affect your health. The information on the product itself is leading at all times. It is therefore very important that you always check whether a certain product is suitable for you.

Article 8. Transfer of risk

The risk of loss, damage or depreciation passes to the consumer at the moment when things are brought under the control of the consumer.

Article 9 – Force majeure

Hemdogal is not obliged to fulfill any obligation towards the consumer if he is prevented from doing so as a result of a circumstance that is not due to fault, and is not for his account under the law, a legal act or generally accepted standards.

In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, over which Hemdogal can exercise no influence, but as a result of which Hemdogal is unable to fulfill its obligations. . Work strikes in the company of Hemdogal or of third parties included.

Insofar as Hemdogal has partially fulfilled or will be able to fulfill its obligations under the agreement at the time of the occurrence of force majeure, Hemdogal is entitled to invoice the part already fulfilled or to be fulfilled separately.

Article 10 – Intellectual property rights

  1. Hemdogal reserves all rights not expressly granted to you. Your use of the Website does not constitute a transfer of any Intellectual Property Rights from Hemdogal to you. You acquire only a non-transferable, non-exclusive, non-sublicensable, limited license to use the Website for the purposes indicated on the Website. 
  2. You acknowledge that all (Intellectual Property) rights with regard to the Website, including but not limited to the Intellectual Property Rights with regard to the texts, photos, videos and software, rest exclusively with Hemdogal or its licensors. 
  3. The (parts of the) Website may not be reproduced or made public in any way and in any form (in whole or in part), unless the HEMDOGAL Terms and Conditions provide otherwise and/or insofar as mandatory law provides otherwise. It is also not allowed:

(i) to request and reuse a substantial part of the content of the Website and/or Applications and/or to repeatedly and systematically request and reuse non-substantial parts of the content of the Websites and/or Applications ; and/or
(ii) use any software and/or hardware tools and/or solutions (in-house or made available by third parties), insofar as these are aimed at taking over any information made accessible via the Website and/or Applications, or to spider, scrape, search or otherwise use the Website and/or Applications via robots or in any other way.

Article 11 – Age

  1. A minimum age of 16 years applies to purchase certain products and quantity of products. It is not allowed to purchase products if you have not yet reached the required age. 
  2. Hemdogal is entitled to ask you to show a valid ID when ordering, collecting and/or delivering your order. If you cannot show a valid ID, Hemdogal cannot place or give your order.

Article 12 – Abuse

If Hemdogal has established that you are abusing the Website and/or Applications, Hemdogal is entitled to temporarily or permanently block and/or remove the My Hemdogal Account. If abuse occurs more often, Hemdogal is entitled to place you on a blacklist, subject to the relevant laws and regulations.

Article 13 – Privacy and cookies

  1. Hemdogal will process your personal data while using the Website and/or Applications. Hemdogal carries out this processing in accordance with its Privacy Statement.
  2. When you visit the Website and/or use the Applications, cookies are placed. For more information about the cookies, see the Cookie Statement.

Article 14 – Liability

  1. If Hemdogal should be liable, this liability is limited to what is regulated in this provision.
  2. Hemdogal is not liable for damage, of whatever nature, caused by Hemdogal relying on incorrect and/or incomplete information provided by or on behalf of the consumer.
  3. If Hemdogal should be liable for any damage, the liability is limited to a maximum of once the invoice value of the order, at least to that part of the order to which the liability relates.
  4. Hemdogal's liability is in any case always limited to the amount paid out by its insurer, where appropriate.
  5. Hemdogal is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs 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 fulfill the defective performance of Hemdogal in the agreement. to have them answered, insofar as these can be attributed to Hemdogal and reasonable costs incurred to prevent or limit damage, insofar as the consumer demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.  
  6. Hemdogal is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
  7. 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 Hemdogal or its managerial subordinates.

Article 15 – Other

These Hemdogal Terms and Conditions may be amended by Hemdogal at any time. The amended Hemdogal Terms and Conditions will be brought to your attention on the Website and/or within the Application.

Article 16 – Location

These conditions have been filed 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 applies.

English