Definitions

1. STOKED BBQ: STOKED BBQ, established in Apeldoorn under Chamber of Commerce number: 80348203

2. Customer: the person with whom STOKED BBQ has entered into an agreement.

3. Parties: STOKED BBQ and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of STOKED BBQ.

2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.

3. The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Pricing

1. All prices used by STOKED BBQ are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.

2. All prices that STOKED BBQ uses for its products or services, on its website or that are otherwise made known, STOKED BBQ can change at any time. 

3. Increases in the cost prices of products or parts thereof, which STOKED BBQ could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases. 

4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

samples/models 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Consequences of not paying on time

1. If the customer does not pay within the agreed term, STOKED BBQ is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.

2. When the customer is in default, he will also owe extrajudicial collection costs and any compensation to STOKED BBQ. 

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. 

4. If the customer does not pay on time, STOKED BBQ may suspend its obligations until the customer has fulfilled his payment obligation. 

5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, STOKED BBQ's claims against the customer are immediately due and payable. 

6. If the customer refuses to cooperate with the execution of the agreement by STOKED BBQ, he is still obliged to pay the agreed price to STOKED BBQ. 

Right to claim 

1. As soon as the customer is in default, STOKED BBQ is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2. STOKED BBQ invokes the right of recovery by means of a written or electronic communication.

3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to STOKED BBQ, unless the parties make other agreements about this. 

4. The costs for bringing back or returning the products will be borne by the customer.

Right of Withdrawal 

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason and register a return, provided that:

· it is not a product that has been specially tailored or adapted for the consumer.

· it does not concern an (order for) urgent repair

the consumer has not waived his right of withdrawal

2. The reflection period of 14 days as referred to in paragraph 1 commences:

· on the day after the consumer has received the last product or part of 1 order

· as soon as the consumer has purchased a service for the first time

3. The consumer can make his appeal to the right of withdrawal known via info@stokedbbq.nl, if desired using the withdrawal form that can be downloaded from the website of STOKED BBQ, www.Stokedbbq.nl.

4. The consumer is obliged to return the product to STOKED BBQ within 14 days after making known his right of withdrawal, failing which his right of withdrawal will lapse. 

5. The costs for returns are only for the account of STOKED BBQ if the entire order is returned.

6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, STOKED BBQ will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that that the consumer has returned the product to STOKED BBQ in time.

7. If you exercise your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging. If the product is damaged or the packaging is damaged more than is necessary to try the product, we can pass on this depreciation of the product to you. So handle the product with care and ensure that it is properly packaged when returned.

Suspension right

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation under this agreement.

Right of retention 

1. STOKED BBQ can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to STOKED BBQ, unless the customer has provided sufficient security for those costs. 

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to STOKED BBQ.

3. STOKED BBQ is never liable for any damage that the customer may suffer as a result of using his right of retention.

Netting

Unless the customer is a consumer, the customer waives his right to set off a debt to STOKED BBQ against a claim against STOKED BBQ. 

Retention 

1. STOKED BBQ remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards STOKED BBQ on the basis of whatever agreement concluded with STOKED BBQ, including claims regarding failure to comply.

2. Until then, STOKED BBQ can invoke its retention of title and take back the goods. 

3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products. 

4. If STOKED BBQ invokes its retention of title, the agreement will be deemed dissolved and STOKED BBQ will be entitled to claim compensation, lost profit and interest. 

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at STOKED BBQ, unless the parties have agreed otherwise.

3. Delivery of products ordered online will take place at the address indicated by the customer. 

4. If the agreed amounts are not paid or not paid on time, STOKED BBQ has the right to suspend its obligations until the agreed part has been paid. 

5. In the event of late payment, there is creditor default, with the result that the customer cannot object to STOKED BBQ for a late delivery.

Lead-time 

1. The delivery times stated by STOKED BBQ are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from STOKED BBQ.

3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless STOKED BBQ cannot deliver within 14 days after being warned to do so in writing or the parties have agreed otherwise. 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transport costs 

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which STOKED BBQ cannot be held liable for any damage.

2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to STOKED BBQ prior to transport, failing which STOKED BBQ cannot be held liable for any damage.

Custody 

1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs as a result of premature or late purchase of products will be fully borne by the customer.

Guarantee

1. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material. 

2. The guarantee does not apply in the case of normal wear and tear and damage caused by accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.

Gift cards

 1. These terms and conditions apply to all gift vouchers (both digital and physical gift vouchers) issued by STOKED BBQ (hereinafter collectively: “Gift Certificates”) that are sold by STOKED BBQ and third parties designated by STOKED BBQ. 

2. Each Gift Voucher is provided with a unique code. This can be a number code and/or pin code and/or text code. Each Gift Voucher is issued only once. You must keep the Gift Voucher (including the code) in a safe place. In the event of theft (including the use of the code by unauthorized third parties) or loss (including the (accidental) deletion of e-mails), no compensation will be paid. Only original Gift Vouchers and codes can be used and must be provided to STOKED BBQ upon request. STOKED BBQ reserves the right to only accept a Gift Voucher after receipt of the original Gift Voucher and to demand payment in cash in the event of improper use. If a Gift Voucher has been purchased from a third party, you must carefully keep the receipt and the proof of top-up and present it to STOKED BBQ upon request. 

3. To use a Gift Voucher, you must place your selected products in the “shopping cart”. During the payment process, you then select "gift voucher" as the payment method and enter the exact code. 

4. The nature, value, duration, expiration date and/or any applicable other specific terms of use can be found on the Gift Vouchers/or in the communication (e-mail) in which the code is included. Each Gift Voucher is valid for a certain period of time. After the expiry date, the Gift Voucher can no longer be used. 

5. Gift vouchers issued by STOKED BBQ and/or third parties designated by STOKED BBQ are only redeemable for purchases via wwww.stokedbbq.nl

6. Gift vouchers cannot be used for outstanding orders. 

7. Gift vouchers or their residual value cannot be exchanged for money.  

8. The Gift Voucher can only be used once. If the value of the gift voucher is higher than the order value, the residual value will be forfeited. 

9. If the total amount of the order exceeds the value of the Gift Voucher(s) used, the difference must be paid with one of the payment methods offered. 

10. It is not permitted to change, falsify, undermine or otherwise affect Gift Vouchers or their operation (including hacking). 

11. Any (attempted) fraud or other unauthorized action will be registered and will result in the use of Gift Vouchers being denied. 

12. It is not permitted to use Gift Vouchers in any way whatsoever for commercial purposes and/or purposes other than those for which they were issued. 

13. These Gift Voucher Terms and Conditions may change from time to time. We recommend that you consult the gift voucher terms and conditions before using a Gift Voucher. Continue to use Gift Vouchers after the changes have taken effect, then you accept the amended Gift Voucher Terms and Conditions. 

14. Per order you can redeem an unlimited amount of Gift Cards or a combination of a maximum of 1 discount code and an unlimited amount of Gift Cards.

Disclaimer

The customer indemnifies STOKED BBQ against all third-party claims related to the products and/or services supplied by STOKED BBQ. 

Complaint

1. The customer must examine a product or service provided by STOKED BBQ as soon as possible for any shortcomings.

2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform STOKED BBQ of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. . 

3. Consumers must inform STOKED BBQ of this within 2 months after the discovery of the shortcomings.

4. The customer provides a description of the shortcoming in as much detail as possible, so that STOKED BBQ is able to respond adequately. 

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this can in any case not lead to STOKED BBQ being forced to perform other work than has been agreed.

7. In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

Notice of default

1. The customer must notify STOKED BBQ of any notice of default in writing.

2. It is the responsibility of the customer that a notice of default actually reaches STOKED BBQ (in time). 

Joint and several liability of the customer

If STOKED BBQ enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to STOKED BBQ under that agreement. 

Liability STOKED BBQ

1. STOKED BBQ is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.

2. If STOKED BBQ is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.

3. STOKED BBQ is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

4. If STOKED BBQ is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates.

5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Any right of the customer to compensation from STOKED BBQ expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to dissolve the agreement if STOKED BBQ imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or minor significance. 

2. If the fulfillment of the obligations by STOKED BBQ is not permanently or temporarily impossible, dissolution can only take place after STOKED BBQ is in default. 

3. STOKED BBQ has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if STOKED BBQ has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations. 

4.   The customer is liable for compensation if the agreed quotation/order is canceled (by the customer/company). The amount is 25% of the amount of the quotation.

Force Majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of STOKED BBQ in the fulfillment of any obligation towards the customer cannot be attributed to STOKED BBQ in a situation independent of the will of STOKED BBQ, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of STOKED BBQ. 

2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions. 

3. If a force majeure situation arises as a result of which STOKED BBQ cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until STOKED BBQ can meet them again. 

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing. 

5. STOKED BBQ does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

Modification of the agreement 

If, after the conclusion of the agreement for the execution thereof, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.

Change of general terms and conditions

1. STOKED BBQ is entitled to change or supplement these general terms and conditions. 

2. Changes of minor importance can be made at any time. 

3. STOKED BBQ will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of STOKED BBQ. 

2. This provision applies as a clause with effect under property law as referred to in Section 3:83(XNUMX) of the Civil Code. 

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions. 

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what STOKED BBQ had in mind when drawing up the conditions on that point.

Applicable law and competent court

1. Dutch law applies exclusively to every agreement between the parties. 

2. The Dutch court in the district where STOKED BBQ has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Review Policy

We believe it is important that reviews provide the best possible picture of our products and services. Our reviews are therefore managed in an impartial manner by https://www.webwinkelkeur.nl. WebwinkelKeur has taken measures to guarantee the authenticity of reviews. You can read about these measures: https://www.webwinkelkeur.nl/kennisbank/consumenten/waarom-webwinkelkeur/uservoorwaarden/ Our customers are not rewarded for writing reviews. No discounts or other gifts are given.

Version: May 21, 2024