General Terms and Conditions

General Terms and Conditions BBQ Valley

These General Terms and Conditions apply to products and services of BBQ Valley BV, including orders via the webshop, purchases in the store, delivery and assembly, and participation in workshops and events.

Article 1. Definitions

In these general terms and conditions, the following is understood to mean:

1. BBQ Valley: BBQ Valley BV, as described in Article 2.
2. Customer: any natural person or legal entity that enters into an agreement with BBQ Valley.
3. Consumer: a natural person who does not act for purposes related to his trade, business, craft or professional activity.
4. Agreement: any agreement between BBQ Valley and the customer regarding the supply of products and/or services.
5. Distance contract: an agreement concluded without BBQ Valley and the consumer being physically present at the same time, for example via the webshop, email, or telephone.
6. Cooling-off period: the period within which a consumer can exercise the right of withdrawal.
7. Right of withdrawal: the statutory right of a consumer to withdraw from a distance contract within the cooling-off period.
8. Product: any movable property offered by BBQ Valley.
9. Service: any service offered by BBQ Valley, including delivery, assembly, workshops, and events.
10. Day: calendar day.
11. Model withdrawal form: the form with which a consumer can indicate that they wish to exercise the right of withdrawal.

Where these terms and conditions specifically refer to consumer rights, these rights apply exclusively to consumers.

Article 2. Identity of BBQ Valley

BBQ Valley BV
Groethofstraat 54 B
5916 PB Venlo
The Netherlands

Email: info@bbqvalley.nl
Phone: 06 35640921
Chamber of Commerce number: 92214258
VAT identification number: NL865937187B01

Article 3. Applicability

1. These general terms and conditions apply to every offer from BBQ Valley and to every agreement between BBQ Valley and the customer.
2. Before a distance contract is concluded, these general terms and conditions are made available to the consumer.
3. When the agreement is concluded electronically, the general terms and conditions are made available in a way that allows the consumer to easily save them.
4. If additional conditions apply to a specific product or service, these will be made known before the conclusion of the agreement.
5. Additional agreements between BBQ Valley and the customer apply in addition to these general terms and conditions when recorded in writing or electronically.
6. If a provision of these terms and conditions conflicts with mandatory consumer law, the relevant statutory consumer law shall continue to apply.

Article 4. The offer

1. BBQ Valley describes its products and services as fully and accurately as possible, so that the customer can make a good assessment of the offering.
2. Product images are intended to provide as true a representation as possible. Minor differences in, for example, color, material texture, or finish may occur.
3. Obvious errors, typographical errors, calculation errors, or other clear errors in an offer do not bind BBQ Valley.
4. If an offer is valid only for a specific period or is subject to additional conditions, this will be stated in the offer.
5. The prices stated for consumers include VAT, unless expressly stated otherwise.
6. Any additional costs, such as delivery or assembly costs, will be disclosed before the conclusion of the agreement.

Article 5. Formation of the agreement

1. The agreement is concluded when the customer accepts the offer from BBQ Valley and meets the conditions set out therein.
2. When an order is placed via the webshop, BBQ Valley confirms receipt thereof electronically.
3. BBQ Valley takes appropriate technical and organizational measures to secure electronic data transmission and electronic payments.
4. BBQ Valley may, within the legal possibilities, refuse an order or attach additional conditions to its execution if there are reasonable grounds for doing so.

Article 6. Right of withdrawal for products

1. When purchasing a product remotely, the consumer generally has the right to withdraw from the agreement within 14 days without giving any reason.
2. The cooling-off period starts on the day after the consumer, or a third party designated by him in advance who is not the carrier, has received the product.
3. When multiple products from a single order are delivered separately, the cooling-off period begins on the day after receipt of the last product.
4. If the delivery consists of several parts or shipments, the cooling-off period commences on the day after receipt of the last part or the last shipment.
5. The consumer may use the model withdrawal form for the withdrawal, but is not obliged to do so. Another unambiguous notification to BBQ Valley is also sufficient.
6. The statutory right of withdrawal applies to distance contracts. For a purchase made entirely in the physical BBQ Valley store, there is no statutory right of withdrawal, unless BBQ Valley expressly agrees otherwise.

Article 7. Handling of products during the cooling-off period

1. During the cooling-off period, the consumer handles the product and the packaging with care.
2. The consumer may unpack and assess the product to the extent necessary to determine the nature, characteristics, and functioning of the product.
3. As a basic principle, a consumer may assess a product in the same way as would reasonably be possible in a physical store.
4. If the consumer goes beyond what is necessary to assess the product and this results in a reduction in value, BBQ Valley may charge for this reduction in value to the extent permitted by law.
5. The product is returned with all supplied parts and accessories and, if reasonably possible, in its original condition and packaging.

Article 8. Returns

1. When the consumer exercises the right of withdrawal, he notifies BBQ Valley within the applicable cooling-off period.
2. Subsequently, the product must be returned or handed over to BBQ Valley as soon as possible and no later than 14 days after notification of the withdrawal.
3. Returns can be sent to:
   
   BBQ Valley BV
   Groethofstraat 54 B
   5916 PB Venlo
   The Netherlands
4. The direct costs of returning the item are the responsibility of the consumer, unless BBQ Valley has explicitly indicated in advance that it will bear these costs.
5. For large or heavy products that cannot be returned via a regular parcel service, the consumer may contact BBQ Valley in advance to arrange a suitable return method or possible collection. Any return or collection costs will be communicated in advance.
6. The risk and burden of proof of a correct and timely return lie with the consumer.

Article 9. Refund after withdrawal

1. If the consumer validly exercises the right of withdrawal, BBQ Valley will refund the payments received for this purpose.
2. If the entire order is cancelled, the costs charged by BBQ Valley for the cheapest standard delivery will also be refunded.
3. If the consumer has explicitly chosen a more expensive delivery method than the cheapest standard delivery, BBQ Valley is not required to refund the price difference.
4. BBQ Valley will pay no later than 14 days after the consumer has notified the withdrawal.
5. BBQ Valley may wait with the refund until the product is received or until the consumer demonstrates that the product has been returned, whichever occurs first.
6. The refund will be made via the same payment method used for the original payment, unless a different method is agreed upon with the consumer.

Article 10. Exclusion of the right of withdrawal

The statutory right of withdrawal may be excluded for certain products and services when the legal conditions for doing so are met and this is clearly indicated in the offer in advance.

This may apply to, among other things:

1. products that are manufactured according to consumer specifications, are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or are clearly intended for a specific person;
2. products that spoil quickly or have a limited shelf life;
3. sealed products that are not suitable for return for reasons of health protection or hygiene if the seal has been broken after delivery;
4. products which, after delivery, are irrevocably mixed with other products due to their nature;
5. services that have been fully performed after the consumer has expressly agreed to the performance in advance and has declared that the right of withdrawal expires after full performance;
6. agreements relating to leisure activities where a specific date or period of performance has been agreed, including eligible workshops and events of BBQ Valley.

Spices, sauces and other foodstuffs

Herbs, sauces, and other foodstuffs are not automatically excluded from the right of withdrawal.

When a non-perishable food product is unopened and no statutory exception applies, the standard right of withdrawal may apply.

Products that spoil quickly or have a limited shelf life may be excluded from the right of withdrawal. For sealed products, the right of withdrawal may also be excluded if the seal has been broken and the product is not suitable for return for reasons of health protection or hygiene.

The mere fact that a product is a food item therefore does not automatically mean that it cannot be returned.

Article 11. Prices

1. The prices shown to consumers include VAT, unless expressly stated otherwise.
2. Any delivery, assembly, or other additional costs will be stated before the conclusion of the agreement.
3. During the validity period indicated in the offer, the offered price will not be increased, except for changes resulting from statutory regulations or changes in tax rates.
4. Obvious pricing errors or mistakes do not bind BBQ Valley.

Article 12. Statutory warranty and additional warranty

1. BBQ Valley guarantees that delivered products and services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and usability.
2. A consumer always has the legal rights that apply when a product does not conform to the agreement.
3. Any additional warranty offered by BBQ Valley, a manufacturer, importer, or supplier does not limit the statutory rights of the consumer.
4. Any terms and durations of an additional manufacturer's warranty are determined by the relevant manufacturer or warranty provider.
5. A defect or problem can be reported to BBQ Valley via info@bbqvalley.nl .

Article 13. Delivery

1. BBQ Valley handles orders and deliveries with the utmost care.
2. The delivery address provided by the customer to BBQ Valley shall be considered the place of delivery.
3. An order is executed within the agreed delivery period.
4. If no specific delivery period has been agreed upon, the order will be executed as soon as possible and no later than within the statutory period.
5. If an order cannot be executed, can only be partially executed, or cannot be executed within the agreed timeframe, BBQ Valley will inform the customer accordingly.
6. In the case of a consumer purchase, the risk of damage or loss remains with BBQ Valley until the moment the product is delivered to the consumer or a third party designated by him in advance, unless the law provides otherwise.

Article 14. Delivery and assembly

1. BBQ Valley offers delivery and/or assembly for certain products.
2. When delivery and/or assembly is part of the agreement, BBQ Valley will make an appointment with the customer for this.
3. The delivery address must be normally accessible by the vehicle used by BBQ Valley to deliver the order.
4. When a product needs to be placed in the garden, on a terrace, or at another location around the home, this location must be normally and safely accessible with a hand truck or pallet truck.
5. The route to the delivery location must be sufficiently accessible and suitable for the safe transport of the product in question.
6. The customer informs BBQ Valley in advance of any circumstances that may complicate delivery or assembly. This includes, for example, stairs, narrow passages, thresholds, differences in height, unpaved surfaces, limited access, or other special situations.
7. Standard delivery and installation take place on the ground floor.
8. Transporting or placing products on another floor is not part of the standard service and is only possible after prior consultation and explicit agreement with BBQ Valley.
9. If BBQ Valley determines on location that the agreed delivery or installation cannot be carried out safely or reasonably due to circumstances not reported in advance, BBQ Valley may interrupt the execution.
10. In that case, it will be determined in consultation with the customer how the delivery or installation can still take place.
11. Any additional work or reasonable extra costs arising therefrom will be discussed with the client in advance.

Article 15. Payment

1. The customer owes the price agreed upon at the time of concluding the agreement.
2. The actually available payment methods are displayed during the ordering process.
3. Depending on the order, iDEAL, Visa, Mastercard, PayPal, Apple Pay, VVV Gift Card, Bancontact, SEPA, and KBC/CBC may be available, among others.
4. Online payments are processed via Mollie, among others.
5. When BBQ Valley requires prepayment for a consumer purchase, the statutory rules regarding prepayment are observed.
6. A consumer can choose to pay the full purchase price in advance when such a payment method is offered.
7. The customer must report any errors in provided payment details to BBQ Valley as soon as possible.
8. When a consumer fails to pay an amount due on time, he is first notified of the payment arrears and given the legally required period to make the payment.
9. If payment has not been made after the expiration of this period, BBQ Valley may charge statutory interest and extrajudicial collection costs to the extent permitted by law.

Article 16. Gift Vouchers

1. Gift vouchers issued by BBQ Valley can be used in accordance with the conditions stated with the respective gift voucher.
2. A BBQ Valley gift card cannot be exchanged for cash, unless required by law.
3. If a gift voucher has a validity period, this is stated at the time of issue or on the voucher, and applicable legislation is observed.
4. For gift cards from third parties, including the VVV Gift Card, the terms and conditions of the relevant issuer also apply.

Article 17. Workshops and events

1. BBQ Valley organizes workshops, masterclasses, demonstrations, and other events, among other things.
2. A booking is final after it has been confirmed by BBQ Valley.
3. The reservation applies to the date, time, and number of participants indicated at the time of booking.
4. For workshops and other leisure activities taking place on a specific date or within a specific period, the statutory right of withdrawal may be excluded by law. In that case, the cancellation and modification policy of Article 18 applies.
5. The participant is responsible for being present on time.
6. Dietary requirements, allergies, and other relevant details should be communicated to BBQ Valley as early as possible.
7. BBQ Valley takes pre-notified dietary requirements and allergies into account where reasonably possible, but cannot guarantee that dishes or the workshop environment are completely free of specific allergens or traces thereof.
8. BBQ Valley may modify parts of a workshop when reasonably necessary, for example due to the availability of ingredients, equipment, or guidance, provided that the nature and quality of the workshop are reasonably maintained.
9. If BBQ Valley itself has to cancel a workshop, Article 18 applies.

Article 18. Cancellation and rescheduling of workshops

1. A reservation for a workshop, masterclass, or event relates to a specific date and/or a specific time.
2. A participant may cancel a reservation free of charge up to 7 calendar days before the start of the workshop.
3. In the event of cancellation 6 calendar days or less before the start of the workshop, the full participation fee remains due and there is no right to a refund.
4. Instead of cancelling, a replacement participant may be provided free of charge.
5. Any change of the participant's name must be reported to BBQ Valley before the start of the workshop.
6. A reservation can be moved to another available workshop date free of charge up to 7 calendar days before the start.
7. Rescheduling is only possible if there is sufficient space available on the desired alternative workshop date.
8. From 6 calendar days before the workshop, a reservation can no longer be rescheduled free of charge, unless BBQ Valley expressly agrees to this.
9. If a participant fails to appear, this is considered a no-show. In the event of a no-show, the full participation fee remains due and there is no right to a refund.
10. If a participant arrives so late that participation is no longer reasonably possible, this may also be considered a no-show.
11. The same cancellation and modification conditions apply to group bookings.
12. If only part of a group booking is cancelled, the stated terms and conditions apply to the relevant cancelled participants.
13. If BBQ Valley cancels a workshop itself, the customer can choose between participating on another available date or a refund of the amount paid for the cancelled workshop.

Article 19. Complaints

1. Complaints about a product, order, delivery, service, or workshop can be reported via info@bbqvalley.nl .
2. A complaint must be described as fully and clearly as possible within a reasonable period after the problem has been discovered.
3. BBQ Valley responds to received complaints within 14 days of receipt.
4. If a complaint requires more time for a substantive assessment, the customer will receive an acknowledgment of receipt within this period, indicating when a more detailed response can be expected.
5. BBQ Valley and the customer initially attempt to resolve a complaint through mutual consultation.

Article 20. Liability

1. BBQ Valley is liable for damages to the extent that such liability arises from the law or the agreement.
2. No provision in these general terms and conditions excludes or limits liability where this is not permitted by law.
3. BBQ Valley is not liable for damage resulting from the use of a product in violation of the user manual, safety regulations, or reasonable operating instructions, to the extent that the damage is caused thereby.
4. The customer is responsible for the proper, safe use and maintenance of the purchased products in accordance with the instructions.
5. When BBQ Valley performs delivery or installation, BBQ Valley is not responsible for problems arising from the failure to report relevant special circumstances at the location to BBQ Valley in advance, to the extent that the problem stems from this and is permitted by law.

Article 21. Force Majeure

1. If BBQ Valley is temporarily unable to fulfill an obligation due to a circumstance over which BBQ Valley cannot reasonably exercise control, performance shall be suspended during that period to the extent permitted by law.
2. This may include, among others, serious transport disruptions, fire, extreme weather conditions, power outages, government measures, and other similar external circumstances.
3. BBQ Valley will inform the customer as soon as possible if such circumstances affect an order, delivery, installation, workshop, or other service.
4. If performance becomes permanently impossible or a delay lasts so long that continuation cannot reasonably be expected, the rights granted to both parties by law and the agreement shall apply.

Article 22. Applicable law and disputes

1. Dutch law applies to agreements with BBQ Valley.
2. For consumers residing outside the Netherlands, this choice of law does not prejudice mandatory consumer protection to which they are entitled under applicable legislation.
3. BBQ Valley and the customer first attempt to resolve a dispute through mutual consultation.
4. If this fails, the dispute may be submitted to the court competent under the law.

Article 23. Supplementary and deviating agreements

1. Additional or deviating agreements shall preferably be recorded in writing or electronically.
2. Such agreements may not deviate from mandatory consumer law to the detriment of the consumer.
3. If one or more provisions of these general terms and conditions prove to be invalid or unenforceable, the remaining provisions shall remain in force.