Terms & Conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• 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 delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.
• Cooling-off period: The period during which the consumer may exercise their right of withdrawal.
• Consumer: The natural person who does not act for purposes related to their trade, business, craft, or profession.
• Day: Calendar day.
• Digital content: Data produced and delivered in digital form.
• Duration agreement: An agreement aimed at the regular delivery of goods, services, and/or digital content over a certain period.
• Durable data carrier: Any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in such a way that it can be consulted or used in the future for a period consistent with the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.
• Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
• Entrepreneur: The natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.
• Distance contract: A contract concluded between the entrepreneur and the consumer within an organized system for the remote sale of products, digital content, and/or services, whereby up to and including the conclusion of the contract, one or more techniques for remote communication are used.
• Model withdrawal form: The European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal in relation to their order.
• Technique for remote communication: Any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same location.

Article 2 – Identity of the Entrepreneur

Sweets & Bites by Nune
Jan van der Heijdenstraat 5B, 2522 EJ The Hague, Netherlands

Phone number: +31 6 29219197
Availability: Monday to Friday from 10:00 AM to 5:00 PM
Email address: info@sweetsandbites.shop
Chamber of Commerce (KvK) number: 71961267, The Hague

VAT identification number: NL002428609B87

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 shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.
3. If the distance contract is concluded electronically, in deviation from 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur shall indicate, prior to concluding the distance contract, where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer, either electronically or by other means, upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms also apply, paragraphs 2 and 3 shall apply accordingly, and in case of conflicting terms, the consumer may always invoke the provision that is most favorable to them.

Article 4 – The Offer

1. If an offer has a limited validity period or is made under specific conditions, this will be explicitly 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 the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these constitute a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions attached to it.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of this acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
4. Within legal frameworks, the entrepreneur may ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur, based on this assessment, has good grounds not to conclude the agreement, they are entitled to refuse an order or request with justification or attach special conditions to the execution.
5. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur shall provide the following information, either in writing or in such a way that it can be stored by the consumer on a durable medium:
6. The visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
7. The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. Information about warranties and existing after-sales service;
9. The price, including all taxes, of the product, service, or digital content; where applicable, delivery costs; and the method of payment, delivery, or performance of the distance contract;
10. The requirements for terminating the agreement if it has a duration of more than one year or is indefinite;
11. If the consumer has a right of withdrawal, the model withdrawal form.
12. In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

6.1 For Products:

A. The consumer may dissolve a contract for the purchase of a product within a reflection period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require the consumer to provide one.

B. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product; or

C. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a designated third party, receives the last product. The entrepreneur may, provided that the consumer has been clearly informed about this prior to placing the order, refuse an order of multiple products with different delivery times.

D. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a designated third party, receives the last shipment or the last part;

E. For contracts for regular delivery of products over a certain period: the day on which the consumer, or a designated third party, receives the first product.

6.2 For Services and Digital Content Not Delivered on a Tangible Medium:

A. The consumer may dissolve a service contract or a contract for the supply of digital content not delivered on a tangible medium within at least 14 days without providing a reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require the consumer to provide one.

B. The reflection period referred to in paragraph A starts on the day following the conclusion of the contract.

6.3 Extended Reflection Period for Products, Services, and Digital Content Not Delivered on a Tangible Medium When the Right of Withdrawal Is Not Provided:

A. If the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.

B. If the entrepreneur provides the information referred to in the previous paragraph within twelve months after the start of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Consumer Obligations During the Reflection Period

1. During the reflection period, the consumer shall handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the consumer may handle and inspect the product only as they would be allowed to do in a physical store.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a manner exceeding what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Associated Costs

1. If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the reflection period using the model withdrawal form or by another unequivocal means.
2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has met the return period if the product is sent back before the reflection period expires.
3. The consumer shall return the product with all supplied accessories, 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 burden of proof for properly and timely exercising the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs or indicates that they will bear the costs themselves, the consumer does not have to pay the return costs.
6. If the consumer withdraws after explicitly requesting that the performance of the service or the supply of gas, water, or electricity, which is not made ready for sale in a limited volume or quantity, begin during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear costs for the performance of services or the supply of gas, water, or electricity, which are not made ready for sale in a limited volume or quantity, or for district heating, if:
8. The entrepreneur has not provided the legally required information regarding the right of withdrawal, the cost reimbursement in case of withdrawal, or the model withdrawal form; or
9. The consumer has not explicitly requested the commencement of the service or supply of gas, water, electricity, or district heating during the reflection period.
10. The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
11. They have not explicitly agreed, prior to delivery, to the commencement of performance before the end of the reflection period;
12. They have not acknowledged losing their right of withdrawal upon giving consent; or
13. The entrepreneur has failed to confirm this statement from the consumer.
14. If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

1. If the entrepreneur allows the consumer to notify withdrawal electronically, they shall immediately send an acknowledgment of receipt upon receiving the notification.
2. The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, without undue delay, but no later than 14 days from the day on which the consumer notifies the entrepreneur of the withdrawal. Unless the entrepreneur has offered to collect the product themselves, they may delay the reimbursement until they have received the product or the consumer has provided proof of returning it, whichever occurs first.
3. The entrepreneur shall use the same payment method for the reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement shall be free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery offered by the entrepreneur, the entrepreneur is not obliged to reimburse the additional costs of the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if this has been clearly stated in the offer, or at least in time before the conclusion of the contract:

1. Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Contracts concluded during a public auction. A public auction is defined as a method of sale in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service contracts, after full performance of the service, but only if:
4. The performance has begun with the express prior consent of the consumer; and
5. The consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract;
6. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
7. Service agreements for the provision of accommodation, if a specific date or period of performance is specified in the contract, and other than for residential purposes, transport of goods, car rental services, and catering;
8. Contracts relating to leisure activities, if a specific date or period of performance is specified in the contract;
9. Products manufactured according to the consumer’s specifications, which are not prefabricated and are produced based on an individual choice or decision of the consumer, or clearly intended for a specific person;
10. Products that are liable to deteriorate quickly or have a limited shelf life;
11. Sealed products that are not suitable for return due to health protection or hygiene reasons, and whose seal has been broken after delivery;
12. Products that, by their nature, are irrevocably mixed with other items after delivery;
13. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
14. Sealed audio or video recordings and computer software, whose seal has been broken after delivery;
15. Newspapers, magazines, or periodicals, except for subscriptions thereto;
16. The supply of digital content not supplied on a tangible medium, but only if:
17. Performance has begun with the express prior consent of the consumer; and
18. The consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This susceptibility to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
5. They result from statutory regulations or provisions; or
6. The consumer has the right to terminate the contract from the day the price increase takes effect.
7. The prices stated in the offer for products or services include VAT.

1. Article 12 – Compliance and Additional Warranty

   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 statutory provisions and/or government regulations in effect at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
   2. Any additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer does not limit the statutory rights and claims that the consumer can assert against the entrepreneur if the entrepreneur has failed to perform its obligations under the agreement.
   3. An additional warranty refers to any commitment by the entrepreneur, its supplier, importer, or manufacturer granting the consumer certain rights or claims that go beyond what is legally required in case the entrepreneur has failed to meet its obligations under the agreement.

Article 13 – Delivery and Performance

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for services.
2. The place of delivery is the address provided by the consumer to the entrepreneur.
3. Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and to claim any damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund any amount paid by the consumer.
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 – Long-term Transactions: Duration, Termination, and Renewal

Termination:

1. The consumer may terminate an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement concluded for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time upon the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
   • at any time and is not limited to termination at a specific moment or within a specific period;
   • at least in the same manner as they were concluded;
   • always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal:

1. An agreement concluded for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be automatically renewed or extended for a fixed term.
2. By way of exception to the previous paragraph, an agreement concluded for a fixed period, which involves the regular delivery of daily, news, and weekly newspapers and magazines, may be automatically extended for a maximum of three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement concluded for a fixed period, which involves the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months in the case of agreements involving regular delivery of daily, news, and weekly newspapers and magazines, less than once per month.
4. A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be automatically continued and will end 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 prevent termination before the end of the agreed duration.

Article 15 – Payment

1. Unless otherwise specified in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if no reflection period applies, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.
3. If the consumer fails to meet their payment obligation(s) on time, after being notified by the entrepreneur of the late payment and given a period of 14 days to fulfill their payment obligations, the consumer shall owe statutory interest on the outstanding amount if payment is not made within this 14-day period. The entrepreneur is also entitled to charge extrajudicial collection costs incurred, which amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may, to the benefit of the consumer, deviate from these amounts and percentages.

Article 16 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must, in any case, allow the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that may be subject to the dispute resolution procedure.

Article 17 – Disputes

1. For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, Dutch law exclusively applies.

Article 18 – Additional or Deviating Provisions

1. Additional provisions or provisions deviating from these general terms and conditions must not be to the disadvantage of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium in an accessible manner.

Article 19 – Additional or Deviating Provisions Regarding the Delivery of Handmade Cakes, Cupcakes, or Other Sweet Treats Made on Request

Ordering a cake or cupcakes should be done at least 3 weeks in advance. Please note that many hours go into creating a cake, which limits the number of orders we can accept. Timely ordering is therefore recommended. For orders with a shorter notice, we will of course do our best to make the cake possible.

If you request a price quote, we will hold the spot for you for 24 hours without obligation. After 24 hours, the spot will become available again if payment has not been fully completed.

Orders can be paid in the following way: full prepayment via bank transfer.

The full amount for a cake, cupcakes, or sweets and Sculpted cake toppers must be paid immediately. The order is considered final once we have received the payment.

Cancellation: You can cancel your cake, cupcakes, or sweets up to 2 weeks before the agreed delivery date. The products and ingredients have been purchased for you, and other customers may have been turned away because your cake was reserved and our schedule is full. Once payment is made, your order is confirmed.

• 8–14 days before the delivery date: 50% refund of the total cost.
• 0–7 days before the delivery date: No refund is possible.

We reserve the right to cancel previously placed orders due to illness or personal reasons.