Terms and Conditions - TheBakerz
Last updated: [10.11.2024]
Key Provisions
About Us
We are TheBakerz, a general partnership (VOF) established in the Netherlands, registered with the Chamber of Commerce under number 94614024, VAT number NL866836913B01, and having its registered office at Edmond Jasparstraat 48a, 6217HB Maastricht, The Netherlands. You can contact us via info@thebakerz.com.
Definitions
Conditions
1.1.
These terms relate to your access to and use of the website of TheBakerz (the "Terms and Conditions"). You must carefully read and agree to the Terms and Conditions before accessing and using the website of TheBakerz. Your agreement to these Terms and Conditions creates a contractual relationship between you and TheBakerz. If you do not agree to these Terms and Conditions, you may not access or use the website of TheBakerz. These Terms and Conditions expressly supersede prior agreements or arrangements with TheBakerz regarding the Website Services (as defined below).1.2.
These Terms and Conditions apply to the extent they do not conflict with other terms and conditions or additional terms that specifically apply to the website of TheBakerz. You will be asked to agree to such terms separately.1.3.
TheBakerz acts as an agent of the External Service Providers for External Services and as the service provider for TheBakerz Services (see section 4 below).2.1.
The services TheBakerz offers to you consist of:2.1.1.
Access to and use of the website of TheBakerz enabling you to request and receive External Services and/or TheBakerz Services; and2.1.2.
Collection services and payment processing services (including issuing invoices and receipts on behalf of External Service Providers) to enable us to charge you and pass on these charges to External Service Providers for External Services or to TheBakerz for TheBakerz Services (TheBakerz VOF may use affiliated parties or third parties to provide these services on its behalf) (together the "Website Services").2.2.
These Terms and Conditions apply to your use of the Website Services in the Netherlands. By accessing and using the Website Services in another country, country-specific terms may apply. You can find those terms by clicking on this page and selecting the country from which you wish to access the Website Services.2.3.
The website of TheBakerz will be made available to you under the TheBakerz Brand.2.4.
Unless otherwise agreed in writing, the Website Services are made available to you for personal non-commercial use only.2.5.
Where available, you may request and receive External Services or TheBakerz Services via the website of TheBakerz.3.1.
For External Services, TheBakerz functions as a publicly disclosed agent between you and the External Service Providers (Bakers) to enable them to provide the External Services to you. TheBakerz itself does not offer External Services. All External Service Providers are independent contractors, registered businesses, or other legal entities not affiliated with TheBakerz.3.2.
When you are logged in online and in the vicinity of External Service Providers who are also logged into the TheBakerz website, you will receive information on the TheBakerz website before you decide to make a request for External Services.3.3.
External Service Providers (for External Services) and TheBakerz (for TheBakerz Services) are free to accept or reject a service request. Acceptance of the request will be communicated to you on behalf of the External Service Providers via the TheBakerz website and will lead to a direct agreement between you and the External Service Provider(s) (for External Services) and/or between you and TheBakerz (for TheBakerz Services).3.4.
For some External Services, you may need to agree to separate terms before you can use such External Service(s).3.5.
You may be asked to rate the External Service Provider regarding the External Services you have requested. The External Service Provider may also be able to give you a rating. External Service Providers see the rating on the TheBakerz website, and this rating may influence their decision to provide External Services to you. Refer to our Community Guidelines for more information about ratings.3.6.
The External Service Provider is responsible for all obligations that may arise from the provision of the External Services.4.1.
For TheBakerz Services, TheBakerz acts as the service provider. The specific terms for TheBakerz Services are set out in additional terms or in a separate agreement.4.2.
TheBakerz Services may include, but are not limited to:4.2.1.
Providing a platform for bakers to create and manage their online shops.4.2.2.
Offering tools for order planning and production management.4.2.3.
Facilitating communication between bakers and their clients through integrated chat features.4.2.4.
Providing a secure environment for bakers to store and manage their recipes.4.2.5.
Offering a search function for customers to find and order baked goods from bakers on the platform.4.3.
TheBakerz may introduce new services or modify existing services from time to time. Any new or modified services will be subject to these Terms and Conditions unless otherwise specified.4.4.
TheBakerz reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.4.5.
Users of TheBakerz Services must comply with all applicable laws and regulations, including those related to food safety, hygiene, and business operations.4.6.
TheBakerz is not responsible for the quality, safety, or legality of the products or services offered by bakers on the platform. Users engage in transactions at their own risk.4.7.
TheBakerz may collect and use data related to the use of its services for the purpose of improving the platform, as detailed in the Privacy Notice.4.8.
Users may be required to provide additional information or comply with specific requirements to access certain TheBakerz Services. These requirements will be communicated separately.4.9.
TheBakerz reserves the right to modify the fees for its services. Any changes in fees will be communicated to users in advance.4.10.
Support for TheBakerz Services will be provided as specified in the relevant service agreements or as communicated through the platform.5.1.
The TheBakerz website can be accessed on most modern devices with an internet connection.5.2.
You are responsible for obtaining the network access necessary to use the Website Services and you are responsible for all rates and fees of your internet service provider, including data usage while using the TheBakerz website. You are also responsible for accessing compatible devices and operating systems necessary to use the Website Services, including any software or hardware updates.5.3.
To use the Website Services, you must register on the TheBakerz website and create an account. At the time of registration, you must be eighteen (18) years old or have reached the age of majority in the country where you are registering if this differs from eighteen (18) years, unless the terms for the specific External Services or the TheBakerz Services impose other age requirements.5.4.
You must provide us with certain personal information to register, including your phone number and email address. To use the Website Services, TheBakerz Services, or External Services, you may need to provide at least one valid payment method (credit card, debit card, or another accepted payment method). You may need to provide additional information, such as your home address and documents, before you can use certain TheBakerz Services or External Services.5.5.
You are not obliged to log in to or use the TheBakerz website, nor the External Service Providers. If you choose to stop using the TheBakerz website, you can do so without notifying us.5.6.
We may temporarily restrict your access to and use of the Website Services if there is a suspected violation of your obligations (see Article 6 below) or of these Terms and Conditions, and also when we receive a complaint regarding fraud. There may be circumstances where we cannot provide you with information about the complaint at the time an investigation is ongoing (by us and/or a third party such as the police).6.1.
Mandatory Registration: All sellers (Bakers) wishing to offer products on TheBakerz platform must complete a registration process, providing accurate and complete information about their business.
6.2.
Proof of KVK Registration: Sellers are required to provide proof of registration with the Dutch Chamber of Commerce (Kamer van Koophandel - KVK), including their KVK number.
6.3.
VAT Compliance: Sellers must provide a valid VAT (BTW) number and are responsible for charging and remitting VAT in accordance with Dutch tax laws.
6.4.
NVWA Compliance: Sellers must provide a valid VAT (BTW) number and are responsible for charging and remitting VAT in accordance with Dutch tax laws.
6.5.
Verification Rights: TheBakerz reserves the right to verify the information provided by sellers and may suspend or terminate seller accounts that fail to comply with these requirements.
7.1.
Compliance with Laws: All sellers (Bakers) wishing to offer products on TheBakerz platform must complete a registration process, providing accurate and complete information about their business.
7.2.
Product Responsibility: Sellers are responsible for the quality, safety, and legality of the products they offer on the platform.
7.3.
Accurate Descriptions: Sellers must accurately describe their products, including ingredients, allergens, and any relevant information that may affect consumer decisions.
7.4.
Customer Service Standards: Sellers agree to maintain high standards of customer service, including timely communication and fulfillment of orders.
7.5.
Adherence to Policies: Sellers must adhere to TheBakerz's policies, including the Community Guidelines and any additional policies provided.
7.6.
Indemnification: Sellers shall indemnify and hold TheBakerz harmless from any claims, damages, or losses arising from their breach of these obligations or any applicable laws.
8.1.
When using the Website Services, you must comply with all applicable laws. You may only use the Website Services for legally permitted purposes and for other purposes for which they are intended as stated in these Terms and Conditions. You may not misuse the TheBakerz website or deceive us or External Service Providers. Refer to our Community Guidelines for more information on what is expected of you.8.2.
You must provide accurate and complete information when you register an account and when you use the Website Services.8.3.
8.4.
You are responsible for paying any fees or costs incurred as a result of the delivery of External Services or TheBakerz Services requested through your account, as described in more detail below.8.5.
When using the Website Services, you may not cause any nuisance, inconvenience, or material damage to the External Service Provider, TheBakerz, or any other party.9.1.
Costs for the Website Services9.1.1.
No charges are made for the use of the Website Services. However, we reserve the right to introduce usage fees, in which case you will be notified in writing and given the opportunity to terminate these Terms and Conditions before such fees are implemented. If you choose to terminate these Terms and Conditions, you will no longer have access to use the Website Services.9.1.2.
We reserve the right to introduce a fee for specific features on the website of TheBakerz. Separate terms may apply to these.9.2.
Costs for External Services and TheBakerz Services9.2.1.
If you submit a request via the website of TheBakerz, you agree to pay the relevant costs as described on the website of TheBakerz and are responsible for any costs or fees associated with your account in accordance with Article 6.4 above.9.2.2.
Depending on the TheBakerz Services or External Services used, including but not limited to location, costs may be displayed on the website of TheBakerz before a request is placed. In other cases, the costs depend on your use of the External Services or TheBakerz Services. We may provide an estimate of these costs. Please note that the final amount charged to you may differ from the estimate.9.2.3.
Additional costs and/or penalties may be charged by External Service Providers for your use or misuse of External Services (such as repair or cleaning costs) or by TheBakerz for your use or misuse of TheBakerz Services.9.2.4.
For certain External Services, you may request lower costs for External Services from the External Service Provider. The External Service Provider or TheBakerz, if authorized by the External Service Provider, will respond accordingly to any request from an External Service Provider to change the costs for a particular service.9.2.5.
In some cases, if the External Services or TheBakerz Services cannot be performed due to your actions or inactivity (for example, if you are not present at the delivery location to receive a delivery), all costs may be charged.9.2.6.
Once the External Services or TheBakerz Services have been delivered, we may send you an invoice directly or on behalf of the External Service Provider, if applicable. The invoice amount includes VAT, if applicable.9.3.
General9.3.1.
Refer to the support page on the website of TheBakerz (such as this help page) or relevant pages on the website for more information about specific surcharges, costs, and/or penalties related to the relevant External Services or TheBakerz Services.9.3.2.
The costs may be changed from time to time on the website of TheBakerz.9.3.3.
The costs are exclusive of any tips. Where possible, you are free to pay tips, either on a personal basis or via the website of TheBakerz. We record tips paid via the website of TheBakerz on your behalf and transfer them.9.3.4.
Unless otherwise agreed, all costs are due immediately after a service request is placed, and payment is facilitated by TheBakerz using the preferred payment method linked to your account, after which TheBakerz will send you a receipt by email. If your primary payment method cannot be charged, TheBakerz may use a secondary payment method if available. If your payment method(s) are not available, we reserve the right to continue trying to receive payment.9.3.5.
The costs include all applicable taxes, including VAT.9.3.6.
TheBakerz's VAT Obligations: TheBakerz is responsible for collecting and remitting VAT on its commission fees and service charges in accordance with Dutch tax laws.
9.3.7.
Seller's Tax Obligations: Sellers are solely responsible for determining their obligations to charge VAT on the sale of their products and for collecting, reporting, and remitting the correct VAT to the appropriate tax authorities.
9.3.8.
Tax Calculation Tools: While TheBakerz may provide tools or assistance to help sellers calculate taxes, TheBakerz does not guarantee the accuracy of such tools and is not responsible for any errors in tax calculations.
9.3.9.
Compliance with Tax Laws: Sellers agree to comply with all applicable tax laws and regulations and to provide TheBakerz with valid VAT numbers and other tax-related information upon request.
10.1.
Cancellation by Consumer: Consumers may cancel orders within 24 hours of placing the order, provided that the seller has not yet begun preparation.
10.2.
Seller Unavailability: If a seller cannot fulfill an order, the consumer will be notified promptly and offered the option of a full refund or alternative arrangements.
10.3.
Perishable Goods: For perishable goods, cancellations may not be accepted once preparation has begun, unless the product is defective or not as described.
10.4.
Defective Products: In the event of receiving a defective or incorrect product, consumers are entitled to a refund or replacement. Consumers must notify TheBakerz and the seller within 14 days of receiving the product.
10.5.
Refund Processing: Refunds will be processed within 14 days after the refund has been approved.
10.6.
Detailed Policies: Detailed cancellation and refund procedures are outlined in ourCancellation and Refund Policy.
11.1.
Quality Assurance: Consumers have the right to receive products that are of satisfactory quality, fit for purpose, and as described.
11.2.
Defective Products: If a product received is defective, unsafe, or does not match its description, consumers are entitled to a replacement or refund in accordance with Dutch consumer protection laws.
11.3.
Notification Period: Consumers must notify the seller and TheBakerz within 24 hours of receiving the product if they wish to request a refund or replacement.
11.4.
Perishable Goods: Due to the perishable nature of baked goods, cancellations or refunds may not be accepted once preparation has begun, unless the product is defective or not as described.
11.5.
Refund Procedures: Detailed information about return and refund procedures can be found in our Refund Policy.
14.1.
Refund Procedures: We collect, use, and disclose personal data from or about you as described in our Privacy Notice, which complies with the General Data Protection Regulation (GDPR) and Dutch data protection laws.
14.2.
Scope of Data Processing: he Privacy Notice outlines how we process data related to both buyers and sellers, including data collected during registration, transactions, and communications.
14.3.
Consent to Data Use: By using the Website Services, you consent to the collection and processing of your personal data in accordance with our Privacy Notice.
14.4.
Rights of Data Subjects: You have the right to access, correct, or delete your personal data, and to restrict or object to certain data processing activities as detailed in the Privacy Notice.
15.1.
User Liability: You are responsible for any damage we suffer as a result of your breach of these Terms and Conditions, misuse of the Website Services, or violation of any laws or third-party rights.
15.2.
Indemnification: To the extent permitted by law, you agree to indemnify and hold TheBakerz harmless from and against all claims, liabilities, damages, losses, and expenses arising out of or in connection with your violation of these Terms and Conditions or your use of the Website Services.
15.3.
Consumer Rights: Nothing in these Terms and Conditions shall limit your statutory rights as a consumer under Dutch law.
17.1.
Non-Excludable Liability: Nothing in these Terms and Conditions shall exclude or limit our liability for damages resulting from our willful intent or gross negligence, or any other liability that cannot be excluded or limited under Dutch law.
17.2.
External Services Liability: Nothing in these Terms and Conditions shall exclude or limit our liability for damages resulting from our willful intent or gross negligence, or any other liability that cannot be excluded or limited under Dutch law.
17.3.
Total Liability Cap: Nothing in these Terms and Conditions shall exclude or limit our liability for damages resulting from our willful intent or gross negligence, or any other liability that cannot be excluded or limited under Dutch law.
17.4.
We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.17.5.
Our total liability to you for the use of the website of TheBakerz (and not in relation to other arrangements between us for which liability arrangements are governed by a separate agreement) will not exceed fifty euros (€50).17.6.
To the extent permitted by law, we give no warranties and disclaim all liability for any act or omission by you or by third parties.18.1.
You are free to use the Website Services (if available) at any time, and you can terminate these Terms and Conditions and the Website Services by closing your account.18.2.
We may terminate these Terms and Conditions and your access to the Website Services with immediate effect if we conclude that there is a breach by you of these Terms and Conditions or any other agreement between you and TheBakerz in providing TheBakerz Services.18.3.
TheBakerz may, at its discretion, terminate these Terms and Conditions at any time or terminate the Website Services by giving you prior written notice.18.4.
If we cannot charge the costs through your preferred payment method, we may suspend your access to the website of TheBakerz or remove your account until payment is made.18.5.
Upon termination, you must immediately pay all outstanding amounts owed to third parties or TheBakerz. Such costs remain in effect after termination, and we reserve all rights to collect payment after termination.19.1.
TheBakerz may amend these Terms and Conditions from time to time. We will notify you of changes within a reasonable time. You are bound by such changes after notification to you on the website of TheBakerz and/or by email. If you do not agree to these changes, you are free to close your account in accordance with Article 15.1.19.2.
The invalidity of any provision in these Terms and Conditions does not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. Any invalid, illegal, or unenforceable provisions shall be disregarded.19.3.
We may assign these Terms and Conditions or any rights or obligations arising therefrom in whole or in part without your prior consent, provided that this does not result in a reduction of the rights to which you are entitled under these Terms and Conditions or on a statutory basis. You may not assign these Terms and Conditions or any rights or obligations arising therefrom in whole or in part, as your use of the website of TheBakerz is personal, unless otherwise agreed.19.4.
These Terms and Conditions constitute the entire agreement with you, together with any additional agreements regarding the provision of Website Services, and supersede all prior agreements regarding your access to and use of the Website Services.19.5.
You may need to accept additional terms for access to or use of the Website Services. If there is a conflict between these Terms and Conditions and the separate agreement, the latter shall prevail unless otherwise stated in the separate agreement.19.6.
There are no third-party beneficiaries to these Terms and Conditions, except as provided in these Terms and Conditions.19.7.
Periodic Review: TheBakerz will review and update these Terms and Conditions periodically to reflect changes in laws, regulations, or business practices.
19.8.
Notification of Changes: Any significant changes will be communicated to users in advance through the Website Services and/or via email. Users will be required to accept the new terms to continue using the Website Services.
19.9.
User Responsibility: Users are encouraged to review the Terms and Conditions regularly to stay informed of any updates.
21.1.
Commitment to Safety: TheBakerz is committed to providing a safe and trustworthy platform for consumers and sellers.
21.2.
Monitoring Activities: TheBakerz reserves the right to monitor seller activities on the platform to ensure compliance with these Terms and Conditions and applicable laws.
21.3.
Non-Compliant Listings: If TheBakerz becomes aware of any illegal, unsafe, or non-compliant products or activities, it may take appropriate action, including removing listings, suspending or terminating seller accounts, and reporting to authorities if necessary.
21.4.
Reporting Mechanisms: Consumers can report any concerns or complaints about sellers or products through the platform's reporting mechanisms.
21.5.
Investigation Process: TheBakerz will investigate complaints promptly and take necessary actions in accordance with its policies and legal obligations.
22.1.
Contact Customer Support: If you have a complaint or dispute regarding the Website Services, TheBakerz Services, or External Services, please contact our Customer Support team at info@thebakerz.com.
22.2.
Acknowledgment of Complaint: heBakerz will acknowledge receipt of your complaint within 2 business days and aim to resolve the issue within 14 days.
22.3.
Internal Mediation: If the dispute cannot be resolved through Customer Support, you may request mediation through our internal mediation process.
22.4.
External Dispute Resolution: Eligible consumers can submit complaints about the TheBakerz Services or these Terms and Conditions to the European Commission's online dispute resolution platform, accessible here.
22.5.
Seller Disputes: Sellers with disputes should refer to the Seller Agreement or contact Seller Support at sellersupport@thebakerz.com.
22.6.
Legal Remedies: Nothing in this section limits your right to seek legal remedies in accordance with applicable laws.