1.1 These General Conditions (hereafter: Conditions) apply to all offers, orders and agreements of Milkshake festival.
1.2 Accepting an offer or placing an order means that you agree to these terms and conditions.
1.3 The provisions of these Conditions can only be deviated from in writing, with the remaining provisions remaining in full force.
1.4 All rights and claims, as stipulated in these Conditions and in any further agreements for the Milkshake festival, are also stipulated for intermediaries and other third parties who have been engaged by Milkshake festival.
1.5 All rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply, as well as these General Terms and Conditions, are governed exclusively by Dutch law.
1.6 All disputes between parties will only be submitted to the competent court in the Netherlands.
2. Offers / agreements
2.1 All Milkshake offers are free of obligation and Milkshake festival expressly reserves the right to change prices, especially when this is necessary on the basis of (legal) regulations.
2.2 An agreement is only concluded after acceptance of your order by Milkshake festival. Milkshake festival is entitled to refuse orders or to attach special conditions to the delivery, unless expressly provided otherwise. If an order is not accepted, Milkshake Festival will notify this within five (5) working days after receipt of the order.
3.1 The prices stated for the offered products are in euros (€), including VAT and excluding shipping costs.
4.1 After an order you will receive a confirmation by e-mail with an overview of your ordered items and the total costs, including shipping costs.
4.2 An order is only delivered after payment.
4.3 You can pay in the following ways: via iDEAL or credit card.
4.4 The payment must be paid in full within three working days after the order date, after which the order will be sent. During this period Milkshake festival reserves the ordered items for you. If you are in default with any payment, Milkshake festival has the right to suspend or terminate the relevant agreement and related agreements (the execution of).
4.5 Payment must be made without discount.
4.6 Milkshake festival will send a confirmation by e-mail once your payment has been received.
5.1 Delivery by Milkshake festival takes place within six working days after ordering, unless otherwise indicated by Milkshake festival. If the delivery does not take place on time, you will receive notice of this within 1 month after placing the order and until the moment of delivery you have the right to dissolve the agreement free of charge by written notification of this to Milkshake festival. Exceeding the delivery period does not entitle you to compensation.
5.2 Delivery takes place at the time the product is received by (or on behalf of) you.
6. Reservation of ownership
6.1 The ownership of the delivered products is only transferred if you have paid everything you owe to Milkshake Festival on the basis of an agreement. The risk of the products only passes at the time of delivery.
7. Complaints and liability
7.1 You are obliged to inspect the delivered products immediately upon receipt. All defects found must be reported to Milkshake in writing (e-mail) and motivated within seven days of discovery.
7.2 If it is shown that the products do not comply with the agreement, Milkshake festival has the choice to replace the products concerned with new products or to refund the invoice price plus the paid shipping costs.
7.3 If you do not wish to purchase a product for any reason, you have the right to return the product to the Milkshake festival within seven working days after delivery and to dissolve the agreement. You must inform us in advance by means of a written message (e-mail).
7.4 Return shipments are not accepted in this case if:
– you have not followed the prescribed instructions for use for the article.
– the item is damaged.
– every package of the product is damaged.
Milkshake festival with regard to a possible payment already received will be repaid within thirty days after the dissolution.
The shipping costs for returning the item are for your account.
8.1 Unless explicitly agreed otherwise, the Dutch statutory warranty conditions apply.
9. Orders / communication
9.1 For misunderstanding, mutilation, delays or inadequate delivery of orders and announcements as a result of the use of the Internet or any other means of communication in traffic between you and Milkshake festival, or between Milkshake festival and third parties, insofar as they relate to the relationship between you and Milkshake festival, Millshake festival is not liable unless there is intent or gross negligence of Milkshake festival.
10. Force majeure
10.1 In case of force majeure, Milkshake festival has the right to suspend the execution of your order at its own discretion, or to dissolve the agreement without judicial intervention, by informing you in writing and without Milkshake festival being obliged to any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness.
10.2 Force majeure means any shortcoming which can not be attributed to Milkshake festival, because it is not due to its fault and is not for its account under the law or legal act.
11.1 If you inform Milkshake festival in writing of an address, Milkshake festival is entitled to send all orders to that address, unless you inform the Milkshake festival in writing of another address to which your orders are to be sent.
11.2 If milkshake festival has allowed deviations from these conditions for a short or longer period of time, tacitly or not, this does not affect its right to demand immediate and strict compliance with these conditions. You can never assert any right on the grounds that Milkshake festival applies these Conditions smoothly.
11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Milkshake festival should be in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a new legally permissible milkshake festival. comparable provision.
11.4 Milkshake festival is authorized to use third parties in the execution of your order (s).
12. Protection of personal data
12.1 The data required for the processing of your order will be stored on our secure server and possibly passed on to companies that carry out part of our services in connection with the settlement of the order. Of course, all your personal data will be handled strictly confidentially and the legal rules regarding the protection of personal data and privacy will be strictly observed by us. Milkshake festival will not sell your personal information to third parties. In cases where personal data are provided by us to third parties, these third parties are not entitled to use this data for any other purpose than to carry out their task.
12.2 In addition, your personal data will be used in addition to the cases described above for newsletters and own advertising purposes. If you do not appreciate unsolicited advertising of Milkshake festival (by mail, telephone or e-mail) you can always unsubscribe and object to the further use of your personal data for commercial purposes, by this in writing (e-mail) to share at Milkshake festival via firstname.lastname@example.org. You can also unsubscribe from the newsletter you have received.
The copyright of the website Milkshake festival is expressly reserved to Milkshake festival. Nothing from this website may, in any way whatsoever, be copied or used by third parties without the permission of Milkshake festival.